
ifr'^^ii 



/ 



o8th Congress, I SENATE. \ Document 

i^d Se«i>~ii/i i. j ' No. l-^><. 



/9j^ 



KNCOUNTER BETWEEN SIOUX INDIANS OK THE TINE HIIXJE A<;EN('Y, 
S. DAK., AND A SH KIM FFS POSSE OK WYOMIN<;. 



^</ L E T T E R 



THE SECRETARY OF THE INTERIOR, 



TKAXSMITTINC 



RECORDS GIVING A HISTORY OF THE RECENT ENCOUNTER 
BETWEEN SIOUX INDIANS OF THE PINE RIDGE AGENCY, 
S. DAK.. AND A SHERIFF'S POSSE OF WYOMING. 



.Tantahy 27, 1904. — Rt'ferreil to the Coniniittee on Indian Affairs an<l DnU'ivd to be 

printed. 



Department or the Intehioi:. 

Wdslumjfon. Juinini'ii Hj^ lOO.'f. 
Sir: I have the honor to truiismit herewith papers from the tiles and 
records of the Indian 15iireaii, i^ivin^i' a history of the recent encounter 
l)etween certain Sioii.x Indians of tlie Pine Kidj^e Ao-encv, S. Dak., 
and a sherili's posse from Wvominn", which r(\sult('d in the killin«i" of 
th(^ sheriff and one citizen and ,^'veral Indians. 

These paperN are forwarded for the information of the Senate, and 
I concur in the reconunendation of the C'omnnssioner of Indian All'airs 
(whose hotter of the '2?A instant is also herewith), that th(v-^ame l)e})ul)- 
lished as a Cono"ressional document. 

Very res])ectfully, E. A. I IrrrucocK. 

,S'/ r/'< /'//'//, 

The President pro tempore United States Senatk. 



DEl'.MtTMENT OK THE INTERIOR. 

Office of Indian Affaik.s, 

Sir: The cori>\])ondence in I'ey'ard to the trouhles in Wyominji' last 
fall l)etween a pai'ty of Indians and a sherilfs posse are respectfully 



2 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

forwarded. 1 recommend that they be sent to the 8enate with the 
request that the same be published as a Congressional document. 
Very respectfullj', 

W. A. Jones, 

Com 11 lissioner. 
The Secretary of the Interior. 



[Telegram.] 

Cheyenne, Wyo., November 1. 
Commissioner Indian Affairs, Washington, D. C: 

Reliable information just received by Chatterton, governor of AVyoming, reports 
Indians had been illegally hunting on Lightning Creek, in Wyoming, 40 miles from 
Lusk, on Northwestern road. Sheriff Miller seriously shot through hip by Indians, 
and member of his posse, Falkenburg, killed. Three Indians killed. Indians 
reported by Putnam, county clerk Weston County, Wyo., to be Pine Kidge. News- 
2)aper men here received information later saying Indians were Crows. Balance of 
party of Indians at large in Wyoming supposed to be headed eastward toward Craw- 
ford, Nebr. Suggest you reach them through agents or military channels and deliver 
them to proi:)er authorities. Kindly advise me whether you have earlier or fuller 
information concerning matter. Governor Chatterton, here in my office, desires 
earliest possible information and action. 

FRANt'is E. Warren. 



, [Telegram.] 

Cheyenne, Wyo., November 2, 1903. 
Hon. W. A. Jones, 

Comviimoner Indian Affairs, Wasliifiujton, D. C: 
Your message received. Runners late in from seat of trouble report 6 to 10 Indians 
killed, about same number wounded, and about same number taken prisoners. 
Among prisoners one styled Chief Eagle Feather. Understand another Indian in 
party yet at large goes by name of Smith; formerly Carlisle student. Sheriff first 
reported wounded has since died. Under sheriff and party still in pursuit of Indians, 
who have been reinforced. First fight occurred Friday or Saturday; another one 
yesterday. Looks squally, and I fear further trouble. Suggest that close watch be 
kept on Indians at agencies for fear of larger numbers at large and still more serious 
consequences. Indians said to be Sioux. 

Francis E. Warren. 



[Telegram.] 

Pine Ridge Agency, S. Dak., November e, 1903. 
Commissioner Indian Affairs, Washington, D. C: 

A few of our Indians traveling on permit through Wyoming reported in trouble 
with officers at Newcastle. Just received telegram sheriff and one citizen killed 
and three Indians killed. Am requested to go Newcastle at once to help straighten 
matter out. Should I go would expense of trip for self and interpreter be authorized? 

Brennan, Agent. 



[Telegram.] 

Pine Ridge Agency, S. Dak., November 2. 
Commissioner of Indian Affairs, Washington, D. C: 

Since telegraphing you this p. m. have received telegram from Newcastle, Wyo., 
that the sheriff and posse of citizens charged to arrest som of our Indians; fight 
ensued; sheriff and one citizen killed. Twenty Indians repo.:^^d killed. Urged to 
come at once. Leave for Newcastle to-night. Will advise you^bi the situation on 
my arrival. ^ 

•: .' : ^'Bhi.'^i^ Of, Agent. 



SIOUX INDIANS (»F I'INK KIDGK AUKNCY, S. DAK. 3 

ITolcgnini.] 

Nkwcastm:, Wvu., Xmrinlirr J. 

COMMISSIOXKR UK IXPIAN Al-KAIHS, ]\'asll i iiljtuil, I). C: 

Report <tf Indian troubli' liere exajijii'iateil. From lu-st inforniation at lianil, .'io 
miles north of Lusk a li^'ht ociiirn-il hctwci-n olliccrs anil soiiu' L'O Imiiaiis, soiiu' of 
them from Pine Kidire; 7 Iniliaus, inchnliii^' 1 sinuiw. killed; als(» sheriff and 1 
deputy. About 10 Indian families under arrest here; will start them for agency 
to-morrow. In my opiinon a mistake was uukU- in preciijitatinj; the litrht. Would 
reconmiend that I'nited States attorney of this distriet be direeted to, on behalf of 
Department, make a thorougii investigation. .\m assured liy ollicers of this eounty 
that no further trouble will oceur. 

Bkenxan, Ayrut. 



[Tflfk'nini.] 



Hot Si'Kixds, S. Dak., Xovemhcr 4. 

COMMISSIOXER OF IXDIAX AFFAIRS, W'llshiiKjtOH, J). C.: 

]My telegram to you yesterday .sul)stantially crorrect. A sheriff and posse from 
Wyominj; arrested nine Indians and their families near Edyemont, S. Dak., last night. 
They are sui>])osed to be part of the ]>arty engaged in tight Saturday. Trii'd to have 
them released pending inve.'^tigatiou; ollieers insist on taking tiiem to Dougla.s, 
Wyo., for hearing; mob \ioK'nce threateni-d; the governor should be telegraphed 
at once that he will be held responsibli' for safety of Indians now under arrest. 
United States attorney should be ordered to Douglas to see justice is done the Indians 
under arrest. In my opinion the killing of the six Indians reported was totally 
unjustilied. Will beat agency in morning. 

Brennax, Agent. 



[Telegram.] 

Pine Ridoe Agexcy, S. Dak., Xoremlirr o. 
Co.MMissioxER OF IxDiAX Affaiks, Washington, I). C: 

Everything quiet on reservation. No excitement, nor is there likely to l)e any 
among our Indians. 

Hrexxax, Agent. 



I Telegram.] 

Wasminotox, Xoirnilier 5, 1903. 
Governor CnArncRTox, fhegenin', Wgo.: 

Have reports that sheriff and i)0.sse from Wyoming, on .'id instant, arrested nine 
Indians ami their faudlies near Edgemont, S. Dak., who are sup])osed to be of i)arty 
engaged in light on .'Saturday last, and that otHcers in.si.^ited in taking them to Doug- 
la.s, Wyo., for hearing; mob violence threatened. In view of public excitement and 
evident hostility of whites, resj)ectfully urge that you take all necessary means at your 
command to i)rotect lives and persons of Indians, as an act of simi)Ie justice to them. 

E. .\. llin McocK. 

Si'cntiirii. 



[Telegram. 



Pine RiixiE A(;i:x(Y, S. Dak., Xoimilirr >!. 
Commissioner of Indian Affairs, ]Va.<thingt(m, l>. <'.: 

Am advised by United States attorney, Cheyenne, preliminary hearing of Indians 
under arrest set for iL'th instant at Douglas, Wyo. .\m asked "to send interpreter. 
Will send ollicial interpreter at De])artment expense. Everything <|uii't here; have 
seen nearly all chiefs and headmen; rx|)laineil matter to them; they are jK-rfectly 
satisfied with what we are doing to straighten tlu' matter out and to let law take its 
course. 

Hrkxxax, Aijent. 



4 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

<%, 

^^ 
Department of Justice, 

Washington, I). CL November 6, 1903. 

Sir: Your letter of yesterday, inclosing copies of communications from Agent 

Brennan of the Pine Ridge Agency, S. Dak., and the Commissioner of Indian Affairs, 

regarding the arrest of nine Indians and their families near Edgemont, S. Dak., by 

a sheriff's posse from Wyoming, and requesting that the^p^oper United States attorney 

be directed to protect the interests of the Indians under arrest, was duly received, 

and the United States attorney for Wyoming was yesterday instructed by telegraph 

to defend said Indians and to take steps to protect them from threatened mob 

violence. 

Respectfully, W. A. Day, 

Acting Attorney-General. 

The Secretary of the Interior. 



[Telegram.] 

Cheyenne, Wy.o., Noreinber 6. 
Attorney-General, WasJthigtoii, D. C: 

Can not some one from Pine Ridge Agencj^, or elsewhere, be detailed to ascertain 
facts in Indian matter? United States district court convenes here Monday; number 
of important cases. I will, however, in person attend the preliminary hearing at 
Douglas on Thursday next. 

Burke, United States Attorney. 

Note. — This is a copy of a telegram brought here informally by representative 
Department of Justice. He was informed that Agent Brennan and Special Agent 
McNichols would be ordered to attend the hearing. 

C. F. L. 



[Telegram.] 

Chamberlain, S. Dak., November?. 
Commissioner Indian Affairs, Wasldngton, D. C: 

Now en route Pine Ridge Agency. 

McNichols, Special Agent. 



Pine Ridge Agency, S. Dak., November 10, 1903. 

Sir: I have secured the story of the recent trouble in Wyoming from the Indians' 
standpoint. Among others 1 have the statement of Last Bear, an Indian 63 years 
old, who was shot through the body in the tight, but who e.scaped to the reservation 
and is likely to live; also a statement from his wife and a statement put forth by the 
Oglala council as the Indians' version of the affair. I have also seen two statements 
made Major Cheever, U. S. Army, from Indians who escaped to the reservation. 

These all indicate that the whiles were the aggressors and the Indians were largely 
blameless. 

I leave this afternoon for Newcastle, Wyo., the county seat from which the posse 
was organized, and the county of the deceased sheriff, where I expect to get a state- 
ment from some of the white participants. 

The hearing at Douglas, Wyo., which I am directed to attend by othce telegram of 
November 7, has been postponed until Saturday, November 14, at 9 a. m. I expect 
to reach there at noon on the 13th and have a talk with the 10 Indians there in jail 
before the hearing. 

I presume the hearing will be completed by 5 o'clock Saturday evening, so that 
I can get the train back to Crawford, Nebr., that night. So far as I can now foresee 
my work in this case will then ))e completed and my advice is that you will wire me 
a new assignment to Crawford, Nebr., on Saturday. Crawford is the junction of the 
Burlington and Northwestern (Elkhorn) and is the best point from which to proceed 
in any direction. For reasons formerly explained I desire to work in the Northwest 
as far as possible. 

Very respectfully, Chas. S. McNichols, 

Special Indian Agent. 

The Com.missioner of Indian Affairs, 

Washington, D. C 



SlorX INDIANS OF PINE RIDGE AGENCY, S. DAK. 5 

P'verytliiiij.' (luiet on tlie rest'rvatioiiti. A^ent Breiimui a]>jieai> to liavt- acted with 
good jud<riiient tlirou^diout and can be tru^;ted to act witli discretion and jndj.'nient. 
My advices are that the Wyoming anthorities are disposed to give the Indians a fair 
hearing, and if this is done tliere will he no further trouble. 

McNk iioi-s. 



[Tulejrnun.] 

DoiT.i.As. Wvo., November 14- 
CoM.MissioNEU OK Indian Ai-iaiks, Wu»}ii)i(jti>u, D. C: 

The nine Indians held here on charge of nnirder of sheriff and de|iuty in Wyo- 
ming were at'(iuitteil. Indian side of fight not heard. Will take Indians home on 
train to-niormw. 

Brexxax, Aiji'ut. 



[Tok'Kram.] 



Crawford, Nkbk., Xoremhei' 16, 190.3. 
Commissioner ok Indian Akkaius, WciKhington, D.C.: 

Leave for Rosebud Agency lirst train. Indians in jail at Dougla.s all released. 

McNiCHOLs, SijerUd .lyi'iit. 



CoMMirrEE ON Mii.iTAKv .\kfairs, House of Representatives, 

Washhigto7i, D. C, Xoveinher 15, 1903. 
Mv Dear Sir: I have the honor to transmit herewith copy of letter written by 
Prof. A. L. Putnam, county clerk of Weston County, Wyo., to the governor of our 
State, relative to the late Indian trouljles in that locality. 

1 have known Professor Putnam for ten or twelve years. For a long time he was 
princijial of our schools. He is a man of the highest character, and noted as being 
conservative and careful in his statements. 

Thinking that tliis letter might interest you, I have taken the liberty of transmit- 
ting a copy herewith. 

Very respectfully, 

P. W. MONDKLI.. 

Hon. W. A. JONE.S, 

Co)n)iii-sKioner of Indian .[{fairs, Depnrtme)it of the Interior. 



Newca.stle, Wvo., Xormnher 10, 1903. 

Dear Gover.n'oh: Several times I had started to write you a full account of the 
trouble through which we have ])assed recently, but interruptions have prevented 
me from <loing so heretofore. 

In the outset, I wish to assure you that our people fully appreciate the prompt and 
hearty manner in which you have given us sujiport in every" po.«sil)le way from the 
first. By us, I mean the people of the State and we of this county, who feel that 
uncler the circumstances we are the ones most vitally interested, anil in their behalf 
I wish to earnestly thank you for your ])r<jnipt proffer of every assistance in your 
power, even to the calling out of the State troops, which, under the circumstances, 
did not seem to us neces.sary or advisable, as the Indians were no longer making a 
stand, but were making every possible effort to escape. 

The whole story has l)een i)ractically correctly told, and the true facts are generally 
known; but thinking that possibly you may have occasion to have a connected state- 
ment of the fa<-ts, I will rehearse them as correctly as it is |»ossible to do. 

About October 20 to 22 a party, which had been on a hunt in the southern part of 
this county, returned and reportetl that several bands of Indians were killinggame in 
the southern part (tf this county and the northern l)order of Converse County. They 
also said that, not content with killing game, they were killing cattle, and were so 
exj)licit in their statements as to say that several head of cattle killed by the Indians 
had been .seen by them on the range. 



6 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

These matters were reported to Sheriff Miller, and so explicit and positive were 
these statements that, although no complaints had been filed by the stockmen, Sheriff 
Miller thought it his duty to look after the matter and put a stop to the lawbreaking 
and to protect the property of our citizens, which it was said was being destroyed. 
He therefore organized a posse of six men and started them out October 23. He had 
some business to attend to that day which made it impossible for him to start with 
them, but the next day he went, meeting his men at an agreed place. They soon 
came up with a small band of Indians near the mouth of Lance Creek, and, disarm- 
ing them, sent them back to Newcastle, under charge of Deputy Hilton, of the posse, 
and W. E. Buchanan and A. Edlund, whom he deputized for that purpose. The 
balance of the posse, to which one more man had been added, then started for 
Black Thunder Basin, where it was reported was another band. Before reaching 
there the Indians had left, going south. The trail was followed for a time, but was 
soon lost, and after several days' riding the Indians were located near the Dry Fork 
of the Cheyenne River. 

The sheriff and deputies visited the camp on Friday, October 30. When the 
officersfirst reached the camp mostof the bucks were out hunting. The officers waited 
until their return, and demanded their surrender. Some of them were willing to 
come in with the officers if all would, but said that they were under Charley Smith, 
or Eagle Feather, and if he would not consent to come in they would remain with 
him. He absolutely refused to surrender, and talked and acted quite defiantly. 
Sheriff Miller told him that he wanted no trouble, but he had a duty to perform, 
which was simply to aj'rest them for violation of the laws of the State. Smith 
replied that he knew the sheriff's duty as well as he himself did; that he was neither 
a fool nor crazy, but that he was not going to be arrested; finally saying, "You can 
not take us; you haven't men enough." He then ordered his party to break camp, 
which was done. As they started, the sheriff and party started along with them, 
still urging them to submit to arrest. They came to a trail leading toward New- 
castle, which their route crossed. Miller then urged them to take this trail, asking 
Smith to direct them to do so. This he refused to do Miller then rode to the head 
of the party, asking the guide in advance to take this trail. He did not do so, but 
stopped and waited until all of the party came up. Smith was again asked to come 
in, but again refused. 

As they stood discussing the matter, the bucks gathered around the officers and 
Smith told the officers that if they wanted trouble they could have it. There being 
only 7 of the officers and more than 20 of the Indians, the former saw that the only 
thing to be done was to withdraw. This they did, and Miller went to the ranches 
in the vicinity and secured more men until he liad 12 besides himself, and, keeping 
posted as to the direction taken by the Indians, came up with them on Lightning 
Creek just before sunset on October 31. Demand was made upon the Indians to 
halt and surrender, which was repeated, the members of the posse say, at least 
three times. The Indians then opened fire, the officers replying immediately after 
one or two shots had been fired. Some of the Indians started away almost as soon 
as the fight began and the l)ulk of them retreated as soon as they saw any of their 
party had been shot. The fight lasted ])ut a few minutes — probably from three to 
five minutes — say those engaged in it. 

When it was over, it was found that Deputy Falkenburg had been shot and 
instantly killed, and Sheriff Miller shot through the thigh and was then faint from 
the loss of blood, the femora,l artery having been severed. It was also found that 4 
Indians had l)een killed and 1 wounded — Smith, or Eagle Feather, who tiled the 
next day. I should have stated that Sheriff Miller died within half an hour after 
the fight. Several others of the Indians were afterwards found to have been wounded. 

Immediately after the fight Dejiuty Franklin was sent to Lusk, where he reported 
the trouble, and, securing help, returned to the scene to render what assistance was 
possible. From there (Lusk) we first received word of the trouble, the report com- 
ing early Sunday afternoon. Upon receipt of the message here I wired you' of it. 

On Sunday morning Deputies Davis and Hackney started for tliis place with the 
bodies of Miller and Falkenburg, arriving here ^Monday morning about 3 o'clock. 

Upon receiving information on Monday, which indicated that the balance of the 
Indians were on their way to the reservation, a posse was organized here and took 
the train for Edgemont to intercept them. This party was undercharge of Deputy 
Sheriff Lee Mathers, of Crook County, who volunteered his services. The men were 
picked men, and all were sworn in as officers before leaving here. Arriving at l']dge- 
mont, they were met by Sheriff Petty, of Fall Kivi'r County, S. Dak., ami he made 
them his deputies and sent one of his regular de{)uties with them. The i)arty also 
took from Edgemont an interpreter. Early the next morning they came up with 
the Indians, and getting in a position to command the red men, Avaited for develop- 
ments. The Indians were in consultation for a short time, and then sent one of their 



SIOUX INDIANS OK PINK RIDGE AGENCY, S. DAK. 7 

men toward the otiicers. Tlu' inttTpivter wa.s instructed to meet liiiii, and to iiifnnn 
him that tlie oHicenJ demanded tht- ;.'ivin;r nji of tlieir arms and their surrender. To 
this they demurred, ami tiie interpreter was sent hack tlie second time with per- 
emptory onlers for their immediate surremler, wliicii tiiey finally decided to do. 
Their arms were •riven up, and they were taken to Kd^remont after they had been fed 
by the ullicers at a ranch, the otlici-rs buying' them a ipiarter of lieef. 

Indian Agent Brennan arrived iiere Tues(hiy afternoon and met the county otlicials 
and othei-sof our citizens and the situation was talkecl over. He was ask«'ii directly 
if he had any objections tt) tho.«e who were in the li<rht being arrestetl, and as ilirectly 
answered that he had not. In fact, he said, he would a,>^sist in the apprehension of 
any of them who mi<rht .succeeil in evading the ofiicers and reaching the reservation. 
Of liis aition after reai'hing Kdgmont, and how it conformed to his statement to the 
othcials here, you are fully informed. The Indians in custody here were turned over 
to him, thougii there was plenty of evidence to convict them of the violation of the 
game laws, but no one t\'lt like ])ro.secuting them for such an offense after the so much 
more serious matters ha<l occurred. 

While un(|uestionably the worst of the party are dead, those whf> were most 
responsible for the ditiiculty with the otticers, yet the sentiment here is that there 
are others of the party who should be punislied, as white men similarly placed should 
be punished. 

(This includes all but the closing of the letter, after it had been sulimittcd to the 
members of the posse. ) 

A. Iv. I'l T.\ A.M. 

Hon. Feximoke C'h.\tterton, 

Cheyenne, I !''/"• 



PiXE RuKiE Agexcv, S. I).\k., Xnrnnhcr 17, 190S. 

Sir: As telegrapheil you from Douglas. Wyo., on the Hth instant, the nine Indians 
from this re.«ervation arresteil and charged with the crime of murder were released. 
I reached home with them to-day. The prosecution spared no efforts to, if possible, 
have the Indians bound over to the grand jury. Ten witnesses for the prosecution, all 
members of the sheriff's posse who had the trouble with the Indians, were present and 
gave their testimony. We did not <leny that these Indians were in the i)arty stoppe<l 
by the sheriff. The evidence all went to show that when the trouble liegan the 
Indians all tried to get away as fast as possible, and that tlu' battle (as they called 
it) did not last to exceed four minutes. The witnesses were all ((uestioned on this 
point. Five minutes was the longest time given and three mimites the least. The 
prosecution did not prove that any of the nine Indians particii)ated in the fight, nor 
did they prove that these Indians consi)ired in any way to nuinler the sheriff or his 
deputy. 

i'nited States Attorney Burke did not deem it necessary to put any of the St Imlians 
on the stand in their own <lefense. 

After an all-day session, and a night session lasting until 11 o'clock, and after all 
the evidence was given by the prosecution, the I'nited States attorney moved for an 
acipiittal of the il Indians. The judge, without connnent or remarks, declare(| the 
jtrisoners "Not guilty," and ordered them released. 

There was a large audience i)resent at the night session of the trial. The verdict 
was received by them with the greatest satisfaction. The audience all rushed for- 
ward to shake hands with and congratulate the Indians. The only rlissatisfied per 
sons jiresent were the memluTs of the sheriff's ])osse, who were mixed up in the 
troul>lc and were witnesses against the Indians. Naturally they felt j)retty sore. 

Not being able to leave Douglas with the Indians after the trial Saturday night, 
and under advice of I'nited States Attorney P.urke; 1 arranged with the sheriffto take 
care of them until Monday evening. ( Xo trains out on Simday. ) 

Total mnnber of Indians killed, so far as I am al)le to learn, was 4 — one olrl man, 
black Kettle, age<l oH years; one boy, Philip White KIk, aged 1 1 years; Charles Smith, 
aged 87 years, and (iray Bear, aged 48 years. Two wounde<l— Smith's wife, shot in 
siioulder from behind, ami an old man name<l Last IVar, 70 years of age. was shot 
in the back, the ])all coming out in front, almost opposite where it went in. Will 
probably recover. The ll-year-olil boy killed was shot in the head. The whole top 
of his head was blown off, indicating that the jiarty who did the shooting was pretty 
cl'ise to the boy. 

Outsidi' of a party of !» old Indians, men and womi-n, that the sheriff arrested \\\^ 
or six <lays ]irevious to the light and wi-n* being held at Newca.«tle, and whom I had 
relea.'ied on my first trip there, there was not tf> exceed :!") jhtsous. men and women, 
young and old. in the party that had the troiililc with the sh<'riff. and in fact were 



8 SIOUX INDIANS OF PINE KIDGE AGENCY, S. DAK. 

the only Indians in that section of the countr}^ These people were composed of 
two parties, one known as the Smith party and the other the Brown party. These 
two parties were mostly old people, were given permits to visit outside of the reser- 
vation in the Black Hills and vicinity for the purpose of gathering berries, roots, and 
hei'bs. They were not given a permit to hunt. The two parties met accidentally 
some few days before the trouble and had arranged to go together. 

Mr. Burke, United States attorney, has instructions from the Department of Justice 
to make a full investigation of the whole matter. He has now the sworn evidence 
of the whites, taken in shorthand at the trial. He promised me that he would come to 
the agency and take the testimony of all the Indians who were in the party when the 
sheriff met them. 

Would recommend that you urge the Attorney-General to insist on Mr. Burke 
taking the Indians' testimony. The Indians' side of the question should be heard. 
Without their testimony Mr. Burke would not be in a position to make a full report. 

Mr. Burke handled the case for the nine Indians in nice shape and did everthing 
possible for their defense. 

Mr. Burke is a resident of Wyoming and is placed in a rather delicate position. 
While I am satisfied he will be fair in the matter, he may not feel like sitting dow'n 
too hard on the course pursued by the sheriff and posse leading up to the trouble. 

The public has heard one side of the question, but has not heard the Indian side 
of it. Mr. Burke should by all means get the testimony of the Indians and send it 
in with the testimony of the sheriff's posse. Then the Department can form its own 
judgment in the matter. 

Mr. McNichols has, and is, making a thorough investigation of the whole matter. 
He visited Newcastle; was also j) resent at the trial of the nine Indians. I presume 
he has gathered all the facts and evidence necessary for a complete report of the 
occurrence from beginning to end. 

The stand I took for the Indians in the matter and the result of the trial have 
caused a bitter feeling against me among the majority of the sheriff's posse and some 
of their friends. They are very loud in their boasts of what Mondell will do. They 
tell about how he went to the Indian Office, kicked up a row, and read the "riot 
act" to the Commissioner; that he was going to have a Congressional investiga- 
tion of the matter; would have a law passed compelhng all Indians to remain within 
the limits of their reservations; also, would have the agent removed, and a lot of 
other "rot." 

The more this matter is investigated, in my judgment, the deeper Mr. Mondell's 
constituents will get their foot into it. I see no reason as yet to change my views 
in regard to this matter, as reported to you in my telegrams just after the trouble. 
Am of the opinion reports of Special Indian Agent McNichols and United States 
Attorney Burke will, in the main, bear me out in position taken, that the killing of 
the Indians was unjustifiable. 

Inclosed find two of quite a number of letters and messages received touching on 
this question. The sentiment expressed in these letters I find prevails generally 
all over this section of the country. Even among a very large elenient of the people 
in Wyoming in that section of the State where the trouble occurred. 
Very respectfully, 

J. R. Brennan, 
United States Indian Agent. 

The Commissioner of Indian Affairs, 

WasJdngton, D. C. 



Newcastle, Wyo., Noronher 4, 1903. 
To citizens and all concerned: 

This is to certify that this party of Indians, consisting of Two Face and wife. No 
Dress, wife, and daughter. Blue Horse Owner and wife, and John Black Wolf, are 
peaceable Indians and were in no way concerned in the trouble with the posse of 
Sheriff Miller on Lightning Creek. 

They are on their way to the reservation under orders from Indian Agent Brennan, 
and should not )je stopped or arrested, but should ))e allowed to proceed on their 
way unmolested. They carry no arms and no one should have any fear of their 
doing any harm. 

Frank B. Fawcett, 
Chairman Board of County Conimimo)iers. 
J. R. Brennan, 
United States Indian Agent. 



SIOUX INDIANS OK TINE KrOGE AGENCY, S. DAK. \f 

[Meniomiidum.] 

These Indians were mostly old people, some of them 70 years old. More than 
likely had not shot a jrnn off in twenty years. Wcri' arrested ahont the L'4th of 
Oetober, taken to Neweastie, pnt midi-r j,'iiard ami held without char^'es hein^' liK-d 
af^ainst them, or given a hearing in eourt, until my arrival at Neweastie on .N'ovemher 
4, some fonrteen days. On learning the sitnation 1 di-manded their releasi', which 
was eonij)lied with. 

The statement given to these Indians, ami signed by the chairman of hoard of 
county connnissioners, speaks for it.«elf. 

The arrest ami detention of these jieople was uncalled for and unjust. 

J?KKN.\.\N. A'/eitt. 



The Indians who were mixed up in thetroul)le with sheriffs ami party in Wyoming 
all tell about the same story as told in statements of William IJrown, Ulack Feather, 
and hast Hear and wife. They will all testify under oath that they were liri'd into 
first by the whites and that they did not know it was the sheriff's party until they 
were so informed after the shouting. 

Bke.nnan, Aijcnt. 



Ani.EMAX, AVis., November 10, lHO.i. 

De.\r .'<ih: We wvw very ghul to read your telegram to the Conunissioner of Indian 
Affairs at Washington, published in the Milwaukee Free Press, Novend)er (5. 

Thank (iod there is one voice raised in defense of the poor Indian. 

Every article i)rinted lays all the blame on the Indians, and in the same articles 
they .say "The sheriff and armed posse were hunting the Indians for ten days," and 
when the sheriff was killed, the Indians lireil first. 

How many times during the hunt had the sheriff and armed posse fired on the 
Indian.s? .\nd all tlu' trouljle was caused by an overzealous game warden trying to 
save a little antelope for st)me licensed hunter to shoot. 

If the luflians were really doing wrong, the (Tovermnent has idle soldiers to shoot 
them if they must be shot. They would not at least imprison S(|uaws and 1)abies. 

Some one should be punished, for the Indians nmst have endured injustice beyond 
account before they took the desperate measure of retaliation. If you can not get 
justice, appeal to President Roosevelt. lie is a licensed hunter; he knows those 
desolate plains, how little game there is, and that the white man slaughters for sport, 
the Indian for food. Might ami money make right in the Cnited States now. but 
justice lives in the heart uf the i)eoi)le, and many will pray that strength and sup- 
port be given you to protect the innocent. 

Very sincerely, .Mrs. J. F. Redfiei.d. 

Mr. I>i{EN'NA\, fii'Udn A(jeiit, Pmr Jtiiltjc. 



Archer, Nkbk., Xnremher tJ, 190-i. 

Dear Sir: \ few ilays ago when I read an account of this trouble with the Indians 
I wondered if there was any man of influence that hail manhood and nerve enough 
to come out and demand an investigation, and to-day when 1 read the inclosed 
notice in the Lincoln Star I was very much ])leased to find that there was a man for 
the occasion, and although I may never havi- the pleasure of a personal aci|uaintance, 
the stand you have taken gives you a high standing in my estimation. 

It is a high standard of ci\ilization we are living under when a few of these pitia- 
ble ragged heathens are not ])ermitted to pass peaceably through the country with 
their sipiaws and papooses to visit with tlieir friends in other tribes without being 
shot down like coyotes by some sheriff's jto.sse; and to read of tlii' po.sses that were 
sent out from all the surrounding towns to do battle to this ragged little bainl of 
heathens, ami to hear that the troops ha<I been rea<ly to move on a moment's notice 
is enough to make an honest citizen sick; and if I had ever been connected in any 
way with the gang that went to do battle with this ferocious tribe I would never 
want to show my face again among decent jteoplc. 

I will venture the a.^sertion that any man that had any knowU'(lge or influence 
with thc^e Imlians could have gone among them miarmetl and delivered them info 

the hands of the law witliout bl Isheil. If the ollicers of the law would use half a.s 

much common .sense a.s the heathen Indians do such occurrences would be uncalled 



10 SIOUX INDIANS OF PINE EIDGE AGENCY, S. DAK. 

for. Hats off to the man tliat leads an army against a dozen miserable specimens of 
humanity that one brave man could put to flight with a toy pistol. I hope the 
matter will be honestly investigated, as I feel sure your statement is correct that the 
killing of these Indians was uncalled for. I have no influence in such matters, but 
was inspired as a lover of justice to write you this letter of encouragement on the 
stand you have taken. 

Yours, truly, A. B. Talkington. 

Mr. Brennan, Edgemont, S. Dak. 



NewsjKiper slips. 
[Black Hills paper.] 
FILED A PROTEST. 

Representative Mondell, of Wyoming, has filed a protest against the management 
of the Indian Agency at Pine Ridge, S. Dak., with Indian Commissioner Jones. 
He says bad management was solely the cause of the recent Indian killing in Wyo- 
ming. Secretary Hitchcock sent Special Agent Nichols, of the Indian Bureau, to 
Pine Ridge, that gentleman having already arrived there and begun the investiga- 
tion. The people of that section of Wyoming where the trouble occurred are 
opposed to the Indians having permits to go there to hunt. Major Brennan 
undoubtedly had authority to issue the permits or he would not have done so. 



[Deaclwood Pioneer, November 11, 1903. [ 

THE INDIAN SITUATION. 

Those who have studied the conditions surrounding the recent Indian trouble in 
Wyoming are inclined to believe that the Indians were not wholly to blame. It is 
understood that the Wyoming game laws have heretofore made it lawful to kill deer 
and antelope between November 1 and December 31 of each year, and it is believed 
the Indians were not aware of a change in the law. They were consequently acting 
as they believed fully in conformity with the statutes. 

Aside from this there is another view to be taken of the situation, and according to 
Judge John H. Burns, of Deadwood, who has possibly looked into the matter more 
carefully than any one else in the country, it is not unlawful for Indians to kill game, 
owing to the provisions of the Indian treaties by whicli this territory was ceded. 
Judge Burns says according to these treaties the Indians were permitted to hunt at 
will. The States, he says, assumed control of the territory subject to these provisions. 
He doubts, therefore, if the Indians were guilty of any violation under the construc- 
tion that is to be placed upon it. 

A few years ago, while Judge Burns was State's attorney of Butte County, similar 
instances arose within his jurisdiction, and in fact open hostilities between the 
officers and the Indians were narrowly averted. This case arose exactly as it did in 
Wyoming. Officers were informed that the Indians were traveling through the 
country killing game unlawfully and set out to arrest them. The officers, being of 
an inferior numlaer, came back to Belle Fourche inclined to seek reinforcements. 
Had they persisted it is more than i)rol)able that there would have been a killing. 

This incident caused Judge Burns to go over the matter with United States District 
Attorney J. D. Elliott, and Mr. Elliott convinced him that the Indians apparently 
had a right to hunt game over this territory. When the Indians ceded the region it 
was expressly stipulated that they should not be restricted in their hunting expedi- 
tions. The Indians therefore considered that they were in the right. 

John R. Brennan, Indian agent at Pine Ridge, seemed to arrive on the scene in a 
remarkably short time, and it is believed he will do everything in his power to pro- 
tect the Indians involved in the troul)le. More than likely these Indians will be 
sent to Wyoming for trial, and Judge Burns believes a United States attorney will be 
sent here to assist in their defense. Probably, wlieu the facts are all known, the 
Wyoming officers did act with unnecessary haste. It is claimed that they invaded 
the Indian camp, seized the Indian wagons, live stock, and other property, and 
started it back toward Newcastle. Some of the officers then continued after the 
Indians who were out on a hunt. These Indians were undoubtedly notified before 
the officers rea(;hed them that the whites were on the warpath and had seized their 



SIOLX INDIANS OF I'INK KIDCJK AGENCY, S. DAK. 11 

outfit?. Ac(<>r(liii<r to JuiIl'*' Kiini,-;'s luliefa majority of white iiii-ii woulil have <lone 
just as the Indians tlid. They woultl naturally have resented such interu-renee, and, 
had thev reason to believe they were in the ri<:ht, wouM have sliown lit,'ht. 

One thing that would seem in favor of the Indians is tliat the jirincipal offendere 
have been killed. Those who are known to have shot the officers met almost imme- 
diate death. It will therefore lie less easy to convict tiie othei-s who were engaged. 



IN CL.Ksn WITH INCLE S.\M — WYOMING M.VKES STROXO DEM.\N1) FOR THE KKillT TO 
IXVESTKi.VTE THE RECENT INDIAN 0[:TBRE.\K. 

Cheyenne, Wyo., Xorcniher 5, 1903. 

There is a prospect of a clash between the Wyomin*; authorities and the Govern- 
ment over the Indian troul)les. The Indian agent wishes ( Jovernor ("hatterton to 
order the release of nine Indians held at Kdgemont, S. Dak. (iovernor ("hatterton 
last night received a telegram from Indian Agent Brennan, at Kdgemont. .*^. Dak., 
saying '"that the killing of seven Indians in Converse County on last Saturday was 
totally unjustifiable. Indians were traveling on road with their fandlies in wagons 
when fired into by sheriff and po.sse." 

In answer to this the governor wired to Mr. Brennan as follows: 

"You can not expect Wyoming to waive right to conduct investigation a.s to viola- 
tion of its laws. The Supreme Court of the United States in the Race Ilor^^e case 
l)as.>^ed on tho.>ie rights. I wouM advise respect now, though late, for this State's 
rights. My information regarding killing differs from yours. A legal investigation, 
in my judgment, is to the interest of your Indians." 

In a telegram to the governor of South Dakota a.^king that the Indians be turned 
over to the sheriff of Converse County, (iovernor Chatterton says: 

"The United States Supreme Court in the Race Horse ca.se gives States the right to 
try and to punish Indians violating State laws. 1 ask that these Indians l)e treated 
as any white man charged with crime." 

Noanswer has, uji to this time, been received from the governor of South Dakota. 



Cr.\wford, Nebr., Xoremhev J'!, lno.J. 

Sik: Pursuant to instructions in land letter of NovemV)er 5, 1903, I have the honor 
to report that I have made a thorough investigation of the conflict between white 
citizens of Wyoming and a band of Sioux Indians from Pine Ridge Reservation, 
S. Dak. This conflict tfiok place on Lightning (.'reek, in Converse County, Wyo., on 
Hallowe'en, October:'.!, IW.S. 

The whites in tin- party were headed by Sheriff William Miller, of Ni-wca.^tle, 
Weston County, and seven of the men were from that place, something like 100 miles 
from the scene of the conflict. Six men were added to the party on the day of the 
conflict, four of whom lived in Converse County, and two strangers from Wcssing- 
ton, S. Dak., on their way to the Black Hills. 

The Indians comprising the party in the conflict were composed of two different 
parties from the Pine Ridge Reservation that had united a day or two previous. 
One of these parties was headed by an Indian named William Brown, who had left 
thi- reservation under a pass, dated Si'ptend)er ,'^0, llHto, with 15 Indians — men, 
women, and children. The other party was headed l)y Charles Smith, an educated 
mixed blood, alli'ged to be a graduate of Carlisle .School. His pa.ss was dated 
October 20, and was for 13 peoi)le, includintr men, women, and children. 

The united band was composed of 1(5 male ailult Indians, acconling to Imlian 
accounts and information obtained at the agency, although the whites allege that 
they numbered " from 22 to L'5 buck.«." They had with them i.'i wagons and several 
extra ponies. 

In search of information I visited the Pine Ridge .\gency, arriving Sunday, 
Xovend)er S, and leaving on the afternoon of the 10th. While there I secured 
statements from such of the Indians of the party as had escaped back to the reserva- 
tion. From there I went to Newcastle, Wyo., the jHiint from which the pos.se 
started, and interviewed such of the whiti' |)arti<-ipants as were willing to talk. I 
found the feeling here very bitter toward .\geiit Brennan ami the Federal authorities 
and heard much thri-ateiiing talk from a few hot-headed citizens. .V majority, ho\y- 
ever, were disposed to be fair, although very sore becan.se of the ileath of their 
sheriff, and, while regretting the affair, were disposed to uphold the action of 
their posse. 



12 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

From Newcastle I went to Douglas, along with the white participants in the affair, 
to attend the hearing of the nine Indians of the party who had been arrested on 
charge of murder at Kdgemont, S. Dak., some four days after the affair and taken to 
Douglas and lodged in jail. I heard the evidence given in this hearing by the 
whites, which resulted in the release of all of the Indians there in custody. 

The evidence given in the hearing at Douglas was taken down l)y the stenographer 
of United States District Attorney Burke, and will, I presume, be available for your 
Office through the Dejiartment of Justice. 

While at Newcastle I also procured a copy of the Newcastle Times containing a 
version of the affair. This account, the editor assured me, was very carefully pre- 
jiared, with members of the posse present and approved by them. I submitted this 
newspaper account to leading citizens of Newcastle, including J. L. Baird, a hard- 
ware merchant and leading capitalist, who declared that it was a fair and truthful 
account. I also submitted it to former Sheriff John Owen, who led in the fight and 
assumed charge of the men after Sheriff Miller was shot, and he, too, declared it 
was a carefully prepared and entirely truthful account. In all details it represents 
the crystallized evidence given by the white participants at the hearing. It also 
reflects some of the public sentiment and the motives of the men, not so plainly 
brought out in the evidence at the hearing. 

I also submit a map or diagram of the ground of the encounter, from a sketch fur- 
nished me by ex-Sheriff Owen. A similar map prepared by the prosecuting attorney 
of Converse County, who visited the scene, along with members of the posse, was 
used in the hearing. Therefore the map and the positions of the parties are exclu- 
sively from white sources. 

Waving all contradic-tory statements from the Indian participants and accepting 
only the story of the whites, and a reasonable deduction therefrom, with the help of 
the' map, I can not see how the whites can escape the responsibility for precipitating 
the conflict that resulted in the death of four Indians, including a boy twelve years 
old, the wounding of two other Indians, one of which was a woman, and the death 
of two of their own number, including Sheriff Miller. I can not escape the conviction 
that this band of 13 whites, urged on l)y a local sentiment of race hatred, has stained 
a page in Wyoming's history that no amount of bluster will ever efface. 

The story of the white participants is that about October 20 reports were brought 
to Newcastle of the unlawful slaughter of antelope by bands of Indians. As the New- 
castle Times' official or approved account says: 

"Several of Newcastle men feeling very incensed over the actions of the Indians, 
decided to put a stop to it and hastily organized a posse of the following men: Sheriff 
Miller, B. F. Hilton, R. B. Hackney, Jack Moore, Fred Howell, Jim Davis, and D. O. 
Johnson. * * * 

"Early Friday morning, October 23, these men set out, their hopes buoyant and 
an expression of do or die written on their every countenance. Unanimously they 
chose Mr. Miller as their leader." 

The testimony of several members of the above posse was to the effect that some 
two or three days after leaving Newcastle they found a band of 12 Indians — 6 bucks 
and B squaws — which they placed under arrest, and sent them to Newcastle under a 
guard. The evidence did not cleai-ly establish whether this band was captured in 
Weston County or across the line in Converse County. 

Some days after the conflict Agent Brennan, of Pine Ridge, in investigating the 
trouble, found this band in jail at Newcastle, without any charge lodged against 
them. He demanded their release and finally secured it, with a safe conduct to the 
State line. 

The posse continued on their way for several days in search of Indians. Some of 
them testified that they found a trail some time after, which they followed by means 
of a broken wagon, a wheel of which was supported by a pole, which dragged the 
ground. However i)lain their trail may have been, the evidence is conclusive that 
the party lost it and were wandering around making inquiry for Indians. On the 
morning of the 30th of October the party picked up a cowboy named Frank Zerbes, 
who claimed that he could take them to a band of Indians in a few hours. 

At noon on Friday, October 30, the eighth day after leaving Newcastle, the party 
came upon the band of Indians, with which the conflict occurred on the evening of 
the day following. This was on the Dry Fork of the Cheyenne River in Converse 
County. The Indians had made their noon camp and several of the male Indians, on 
horsel)ack, were out from the cami), presumably hunting. The posse took dinner 
with the Indians or rather with Mrs. William Brown, wife of the leader of one of the 
two bands, lately united, which composed the Indian party. 

The whites allege that after dinner Sheriff Miller told the Indians that he had a 
warrant for their arrest and desired them to accompany them to Newcastle. Brown 
and his party expressed a willingness to go, at the same time alleging that they had 



f^IOUX INDIANS OF I'INK KllXJK AGKNCV, S. DAK. 18 

killed no larj^e jraim". Sheriff MilliT told tluMU if that was the ra.«e they would souii 
be releai^ed. Members of the Sinitli party ret|nested, throu^rh Brown, that the siier- 
iff await the return of Smith, tlieir leadi-r. This was done. Uiudit lu're it will l»e 
proper to ex)»lain tliat of the entire jiarty of Indians only William I'.rown and wife 
and Charley Smith spoke and understood lMi<:lish. 

The whites waiteil alH>ut an hour, when Smith came in. They allftre that Siuitli 
had an antelope tied on his horse wiicn lie came in. The siieriff explained their 
liiission to Smith, and the whites alle;:e that Smith told them that he would not ;:o 
with them to Newcastle. He is allcired to have said: "1 tlo not live in Newcastle 
and liavi' no business there. 1 know your duticsaiul I know my own. I am neither 
a fool or crazy. I will not ^o to Ni-wcastk- and yon can't takt- mc" This is in sul)- 
stance what the .several mendiers ol the white po.sxe testify that Smith saiil. 

On the other hand, the Indians claim that Smith told them (the Indians) that they 
were not in the county reprt'sented by Newcastle oHicers, and had not beiMi in that 
county ( We-^ton), and that the sheriff had no ri^dit to taketlu'ni. 

In this coimection the important fact that Smith and his party did not leave the 
agency in South Dakota until October L'Oshould be kept in mind. The jio.^se ha<l left 
Newca.stle on the mornin<r of ( (ctolicr 2.S; bein<: orL'anized on information "reaching; 
Newcastle about October 20 that Intlians were unlaw iully killini,' L'ame in Weston 
County." At the time tliat this jtarty was organized the Smith party could not have 
yet reached any i)art of the State of Wyoininj^. It is more than 100 miles from the 
ajrency to the Wyomiiifr line, and Smith and his party, traveling in wagons, could 
hardly have crossed into Wyoming l)efore October 24, the day after the posse had 
started out to hunt Indians. After tlie posse started, Smith and his party had time to 
penetrate Converse County to the point where he met Brown's party returning to the 
agency, and had united with them the day before the posse first encountered them 
in Converse County, on Octol)er .lO. 

Both whites and Indians assert tliat the Indians would have quietly submitted to 
arrest had it not been for Smith. And while Smith may have been a little too as.sert- 
ive, and possibly offensive in his .speech, I can not see that the Weston County posse 
hatl any legal right to arrest him. Certainly a white man under .«uch conditions 
would have refu.«ed to recognize the right of the posse to have taken him. \t least 
it would appear .so to me. 

The whites assert that notw ithstanding Smith's refusal w hen the Indians began to 
break camp and start innnediately after they su])]K)sed they were going to accomjiany 
them. After they were under way it was seen that they were not heading for New- 
castle, and the posse rode forward to turn the leader or guide to the north. They 
allege that Smith ai»d other Indians also rode forward and motioned to the guide to 
proceed to the southeast. They a.ssert that many of the Indians had guns in their 
hands. The Indian train pas.seil on. 

The sheriff and hisi)osse held a consultation and decided that they must have rei-n- 
forcements before procee<ling further. They then withdrew and rode to the Fiddle- 
back ranch, a distance variously asserted to be from 20 to :!0 mili'S away. At the 
Fiddleljack ranch the party was joined by two cow boys named Steve Fraidvlin and 
Charles IIar\X'y. These cow boys advised that from the ilirection taken by the Indians 
that they would travel to Lightning Creek and jiass down that stream on their way 
toward home. Tw<j of the party wen- then instructed to overtake the Indians, keep 
them in sight, and then after getting their course were to ride foiward an<l meet the 
main party at the Mills ranch on Lightning Creek. 

The next morning on their way the jiarty picked uj) four more men. These were 
Louis Falkeid)erg, a wolf hunter, whom they fouml at Oleson's ranch, two strangers 
whom they met in the road and who afterwards i)roved to be (ieorge I'ountaiu and 
11. Coon, of Wessington, S. Dak., and "John Owens, the note<l Indian lighter," as 
the Newca'^th- Times puts it. Owens had formerly been a siieriff. This made the 
party \'A strong, several of them being entire strangers to the main party. 

As Owens declared to me, he was building a fence at the time and was very busy. 
He told me he .said to the sheriff: "I don't want to go tndess you are siu'e there is 
going to be trouble; besides, I have no gun." lie was a.-^surtul that a gun would be 
found for him, a promise that was fullilh-d witli some dilliculty by borrowing later 
in the day. 

The reenforced party hurried forward an<l reached the Mills ranch on Lightning 
Creek about the middle of the afternoon. No one was there, Imt the party went in 
and jirejiared a meal, .\bout 4 o'clock, just as they hail linished eating, Zerbt's 
an<l Moon Moore, the two who had been following the Indians, rode in and 
announced that the Indian train was only a mile and a half away. The Indians 
had traveleil all night and up to that Intur, making two brief stops, and were ">0 
miles farther on their way to the reservation from the place of meeting the pre- 
vious <lav. 



14 SIOUX INDIANS OF PINE EIDGE AGENCY, S. DAK, 

The Newcastle Times account then says: "The horses were gotten up, guns exam- 
ined, and all other necessary arrangements were made in readiness for the approach- 
ing conflit't, and by the time the Indians were near the INIills ranch the Miller 
posse rode down into the river bed where they could have better protection. The 
Indians came on. John Owen and Sheriff Miller climbed up the bank and once 
more tried to make the red men halt and surrender, and while thus engaged an 
Indian about 40 yards distant raised his rifle to his arm and let fire." 

"The second the 'echoes had died away 'Stuff was all off,' and before they knew it 
the remainder of the posse had climbed the bank and were rallied round their leader, 
Billy Miller." 

According to the testimony of a majority of the whites at the Douglas hearing, when 
the posse mounted at the ]Miils ranch, they rode down to the point in the road marked 
"2" on the accompanying diagram. Here they saw the Indian train coming down 
the highway toward them. When they saw the Indians they had begun dismount- 
ing. (The Indians claim that they were going into camp for the night on the spot.) 
So the whites allege that they saw in the dismounting a proposition for fight, and 
they resolved to seek the protection of the creek bank. They rode up the creek to 
where the wire fence crossed it. There they dismounted, leaving their horses at 
"3." (See diagram. ) They then crawled through the wire fence and took up a posi- 
tion behind the creek bank. They allege that Sheriff Miller and Mr. Owen mounted 
the bank. All assert that Miller shouted to the Indians three times and Owens 
twice. One testified that they said "halt, halt, halt." Another said the words were 
"surrender, surrender, surrender." Another said the words were "stop," repeated. 

All the whites assert that about this time some Indians up the line to their left 
fired a shot. Some of them testified that they saw the Indian shoot, and that the 
ball struck the ground about a rod ahead of Mr. Owens. Then they admit that the)' 
all opened fire on the Indians, nearly all of whom were fieeing away. 

Some testified that the Indians fired eight or ten shots. One man said they fired 
forty shots. Another said from eighty to one hundred shots. All testified that they 
saw Charley Smith and Black Kettle shoot, and there was no positive evidence that 
any other Indians did shoot. Both Indians and whites agree that Black Kettle shot 
Sheriff Miller and that Smith shot Falkenberg, the other white man who was killed. 

According to the best obtainable evidence on both sides, the Indian train was 
scattered along up the road and only four wagons had reached the immediate scene 
of the conflict. All the Indians killed or wounded were in or belonged to the first 
four wagons except Black Kettle, who came forward from farther back in the train. 
The whites express the opinion that Black Kettle was the Indian who fired the 
opening shot, and this was probably the case, if an Indian did fire first. On the 
other hand, the Indians all claim that the first firing came from the w-hites and that 
the boy, Peter White Elk, fell before there was a shot fired by the Indians. 

Certainly, from the jiosition of the Indians — scattered along the highway — they 
were not expecting a battle and only a small part of their band were yet in the imme- 
diate scene of the conflict when it began. Hence if the Indians were expecting and 
had prepared for a conflict, it would seem very unlikely that one of their number 
would precipitate it, when their party was so scattered. The whites .were in a com- 
pact mass, drawn up in line behind a natural breastwork, while the Indian train was 
scattered for a quarter of a mile, with women and children in the wagons to which 
they belonged, all along the line. All reason and common sense is against the theory 
that the Indians began the firing. 

The sheriff's posse was no Sunday-school class. Cow boys and bartenders pre- 
dominated in the make-up of the white party. Several of them were entire strangers 
to the original partj'. Sheriff Miller did not know whether they were men of cool- 
ness, judgment, and steady character. Their recommendation was that they had 
guns and were willing to join the party. They had no wives and babies with them. 
They were a compact body. They had no wagons or other property with them to 
lose. They had chosen their ground. As the approved statement of the Newcastle 
Times says, "All necessary arrangements had been made for the approaching con- 
flict." Had the Indians made any such preparations? 

Then, in the name of all that is reasonable, who flred the first shot? I leave the 
answer to any reasonable man — to the public — satisfied that the blame will not be 
placed on these poor Indians traveling along a highway with their wives and children. 

The whites all testify that the shooting lasted about three minutes. All the Indians 
fled except Black Kettle and Smith. The twelve rear wagons turned about and 
went back along the road that they came. Three wagons cut off from the train by 
the whites fled west over a range of hills. Nobody was stopped. No one was 
arrested. The blood thirst had been .satiated. 



SIOUX INDIANS OF IMNE KIDGE AGENCY, S. DAK. 15 

The result of the H^ilitinj; was the followino; Indians killed: Peter White Klk, ))(>>•, 
12 years of ajre; Uiack Kettle, o.S yeai-s old; Charley Smith, half breed, ."^7 years old, a 
returned stuiicnt; Clear or Koan Hear, 4:5 years old. 

The foliowiufj; Indians were wounde<l: Last Bear, t>:5 years old, shot in the baek, 
l)all passinjr through and eoiidn<r out in front of al«lonicn; eseaped to reservation 
and likely to live. Mrs. Susie Smith, wife of Charley Smith, shot in the shoulder; 
was found next morniu'r by the side of her husbantl, who was yet alive on the bat- 
tle ".'round, but who ilied some time after. 

Whites killed: William .MilliT, sheriff .if Weston County, shut thn.u^rh the thifrh 
and ilied within a half hour through tlit- femoral artery In-ing .«evered; Louis Falk- 
enl>erjr, wolf hunter, instantly killed by a <runshot through the ni-ck. 

The Indians rctnated without further molestation from the whitt' party. They 
made a wide detour to the west. Several days after nine males were captured hv 
the Converse County authorities at Kdgemont, S. Dak., and taken to the eounty jail 
at Doujrlas, Wyo., where they werearraijiued on November Hon theehar>;eof nmrder. 
After luarin^r'the testimony of the whites eomposing the posse they were released. 

I found the public sentiment in Newcastle stronjriy incensed against the Indians 
and very much worked uj) over the death of their sheriff, who was a popular otiicial. 
Tln'V coiulemned Agt-nt Hrcunan in very strong terms for having wired tlicConi- 
nu.^sioner of Indian .\ffairs that he considered the Indians were largely blameless. 
1 sought out some of the leading citizens of the place but found few of them willing 
to talk coolly of the affair. Some of the more conservative told me that Sheriff Mil- 
ler did not want to go out with the i)arty, but there was a strong ])res.sure brought 
to bear and he had to tlefend his reinitation of being a brave and fearless man. 

In Converse County, or rather in Douglas, where the hearing took place, public 
sentiment largely favored the Indians, and there was quite a demonstration when 
the justice announced that the prisoners were released. 

.Vcross the borders in Nebraska 1 found public sentiment almost entirely with the 
Indians. This was the case also with the traveling men on the trains and in the 
hotels throughout the region. I met some of them who were in Newcastle during 
the excitement and they were very outspoken. It is hardly competent to repeat 
some of the things they told me, as I have no wish to say anything that can not be 
proven. 

I regard Agent Brennan's conduct throughout as admirable. He went to New- 
castle in the midst of the excitement and secured the release of the jirisoners illegally 
hel(l there. I heard many threats against him, Init he went wherever his line of 
duty seemeil to call him. The whites of the posse, with whom I was obliged to 
travel and stop for three days, were all drinking heavily, Ijoth on the road and at 
and after the hearing. Conseqently I felt considerably relieve<l when all was over. 
My chief anxiety was for Agent Brennan. I was not mistreate<i in any way, but it 
was unplea.-ant to hear the remarks they made concerning Agent Brennan, sueh as, 
"There goes the * * * that telegraphed that lie about us," etc. 

It was claimed in Newcastle that Agent Brennan had been warned that he must 
keep the Indians out of Wyonnng. They further claimed that Smith had some 
time before sent a verbal deliance to the sheriff by some rancher. There were also 
wild rumors that the Indians had been slaughtering cattle in sjjort. These and 
many other like rejiorts that inllamed the public mind seemed to have no founda- 
tion in fact that I could discover. 

The whole affair is very deplorable, but I can not feel but what small blame 
should be attached to the Indians. It is ])robable that had Smith not refused to go 
with the pos.«e to .Newcastle, bloodshi'd might have been avoided; but discretion 
and tact on the part of the white po.^^se would undoubtedly have saved all trouble 
and bloodshe(l. 

I inclo.se the statement of Last Bear, who was wounded in the tight; also a t/rief 
statement of lii^ wife. These I took at their home on the reservation. I also inclo.^e 
a cojiy of the statement made by the < )glala council of Indians, who investigated the 
affair and prepared this statement for general circulation. I also submit the copy 
of the Newcastle Times from which 1 have (pioted. 

I also read statements made by INIr. Brown and other participants to Major 
Cheever, of the War Department, who also investigateil the affair. Copies of these 
statements have been forwarded your ollice. I presume in tinu' the evidence given 
at the hearing in Douglas can be obtained through the Department of Justice, if you 
should wish it. 

In view of the in(lame<l state of public sentiment in Wyoming, and jiarticularly in 
Newciistle and Weston County, extra precaution should in futiu*e be takeu to prevent 
any traveling bands of Indians from entering tiiat region. The < Xiice will doubtless 



16 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

take such steps as it may deem proper in the matter. However, I found a consider- 
able band of Pine Ridge Indians have been working for the railroad company at 
Douglas prior to and all during the excitement with no molestation to speak of. 

Agent Brennan paid the transportations of the nine Indians released at Douglas 
on the night of November 14. They had no means and it would have been unwise 
to have allowed them to travel home on foot through Wyoming during the present 
excitement. The agent should be reimbursed. 

Very respectfully, Chas. S. McNichols, 

United States Special Indian Agent. 
The Commissioner of Indian Affairs, 

Washington, D. C. 



Statement to the public by Pine Ridge Indians relative to late trouble in Wyoming. 

The Oglala council, of Pine Ridge Reservation, with the consent of Agent Brennan, 
assembled to look into .Jhe cause of the killing of several of our Indians of Pine 
Ridge by a sheriff and possertn Wyoming, Saturday, October 31, 1903. We find, 
from best evidence ol^lainab'le fi^n some of those who were shot into by said sheriff 
and posse, that while the Indians were traveling along the road in their wagons and 
on their way home to the reservation, some boys who were driving some horses 
ahead of the wagons were seen suddenly to turn and break for the wagons and had 
no more than done so than the sheriff and his posse came in sight and commenced to 
fire on the Indians and killed one of the boys, 12 years of age, aiid his horse at 
the first volley. It seems that four wagons of the Indians were ahead' some distance 
from the other Indians, and the inmates of these wagons were the ones that seemed 
to have been killed. Black Kettle, as soon as he saw the boy and horse shot, jumped 
from his horse and ran to where the boy was lying. Charles Smith jumped from 
the wagon and ran and got behind a tree. Then White Elk got out of the wagon 
and ran to where his boy was shot. 

The Indians did not fire until they were shot at and wounded; then they com- 
menced to shoot. It seems that there were seventeen men among the Indians, and 
if they had chosen to fight they could have killed the sheriff and his whole party, 
but it goes to prove that they didn't want trouble, and took to their heels as soon as 
fired on, except the ones who were shot, who no doubt kept on firing until they 
were killed. We are with the Government now and want to live peaceably, but we 
notice in the newspapers that they claim the Indians want to go on the warpath, etc., 
which is not so. We know the adult Indians who were killed to be good, quiet, and 
peaceful Indians, and the l:»oy who was killed we know to be innocent, or else they 
would not have been given passes to be absent from the reservation. Gray Bear, or 
Roan Bear, was one of our head of what are known as " Indian soldiers. ' ' Black Kettle 
was an Indian policeman for anumber of years, under GeorgeSw'Ord, who was captain 
of the police for about f(jurteen years. Charles Smith was a returned student from 
Carlisle Indian School, and was employed by the Government as assistant farmer 
a number of years just prior to being killed, was industrious, and a good citizen. 
Mrs. Charles Smith, who was wounded but now dead, and the boy who was killed 
will be a bad mark against the people of Wyoming. 

We, the Indians, according to the treaties of 1868 and 1876, are willing for the 
courts to settle this matter, and hope the Indians will get a just trial. In the above 
treaties the Government provides that if any white man kills an Indian he should 
be tried, and punished if found guilty, and we think this a good case for the Govern- 
ment to prosecute. We think the sheriff and his posse are guilty of nuirder, but 
because they are white men we lielieve they will not be tried; but if it was an Indian 
he would undoubtedly get the full extent of the law. It is specified in the 1868 and 
1876 treaties that the Indians would have the right to hunt in any of the ceded 
country as long as there was game in said country. The Government must have 
known when making said treaties that the ceded countries would be organized into 
States, etc., and it was the Government's fault to set provisions in the above-named 
treaties unless their provisions were lived up to. 

George Sword, 
Jack Red Cloud, 

Committee. 



SlorX INDIANS OF riNK KIDOE A(JEN('Y, S. DAK. 17 

Ijtst Hntr's Klnti iiiiiit. 

XovK.MKEK it, lito:;. 

Two white men rame up to ny and told us we had better pull out for hqiiie, as 
there were a lot of cowboys ^olnjr to have a round-up and we had better jiet out dI 
their way. So we drove on for two days (or made two eam{>s). The .second night 
7 men came and told us they wanted us to po with them. Three of the men 
had stars on them. 1 di<l not belonir to the main party, liut had a pass. I was 
williiiir to go with them. I hail a pass with William Rntwn. and Brown showed 
them the pa.<s. and they did not say anytliing. They said they wouM come back 
in the morning. Tlu-y stayed and eat su])per with us in William lirown's tent. 
.\fter the 7 men left us we l)roke camp ami drove all night and all the next day. 
We crosse<l over a big divide and came down to a creek about sundown. We 
Indians were not saying anything, when all at once they tired on ns. 

I was in the fourth wagon from the front. Charlie Smith and his wife were in the 
second wagon. There were 1(> men and lo wagons in our party. We were looking 
for a camping place. There was a gate. A young woman, IS years old, was ahead, ami 
opened a gate so we could get to the creek. She rode back ami told us that there 
was some white mt'u at the creek who was going to shoot us. The white men caine 
on with their guns pointed at us. They did not say a word to us and we did not say 
a word. 

My little boy was on a horse. I told him to get off and get into the wagon with 
his mother and let me have the hoi-se. Just as I got on I was shot through the back, 
the ball loming out in front. I then turned around and went west. I hold uj) my 
hand to the (ireat Father and .'•ay that I did not .*ee any Indian shoot. Our guns 
were packed away in the wagons. I did not have anything to shoot with. We had 
no game except small game — ral)bits antl prairie chickens. We had .some mutton; 
had traded with sheep men several times, giving them lu^ad work, blankets,; etc. for 
mutton. In going out my wife traded a blanket at Hot Springs to a l)Utcher for the 
offal of a beef; that was all the cattle meat we had on the trip; that is, that my partv 
had. 

A short time before the trouble began Charlie Smith had rode off over the hill 
after rabbits. [In the excitement he does not remember when Charles Smith came 
back, or whether he got back before the shooting began.] 

Three days after we was coming down Hat Creek; there was a little town there. 
We went around the town, l)ut somebody fired three shots at us. 



Stdtoiuiit uf Last Bear'ti wife. 

After my husband got on the horse I started back. After we had gone aways they 
told me my man had been shot. I sang a death ,«ong and starte<l ba<k. The Indians 
said it was no use for me to goon. The little boy kept crying and wanted to go get hi.s 
grandfather. So we went back and found him and got him in the wagon. 1 was all 
right until I g(jt home and since then 1 have been sick and trembling. 

[From the Newcastle Times.] 

SJIERIKF W. 11. Mll.l.KK .\N1) DKPfTY KILI.KD BY SIOl'X INDIANS SA II HOAV. 

While in execution of his duty as an oHicer, our sheriff, W. H. Miller, met his 
(U-ath at the hands of a band of Sioux Indians on Lightning Creek, 40 miles from 
Lnsk, on Saturday evening. The battle was fought half an hour before sun.«et, and 
as the golden rays left the sky, so also the life passed out of one of Weston County's 
greatest men. 

As stated in our last i.ssue, reports were brought to Newcastle of the unlawful 
slaughter of antelope by several bands of Indians. Several Newcastle men, fi-eling 
very incensed over the actions of the Indians, decidi'd to jnit a sto]i to it. and hastily 
organized a posse of the following men: Sheriff Miller, l\. V. Hilton, K. I'.. Hackney, 
Jack -Moore, Fred Howell, .lim Davis, and D. (). Johnson. In our last i.<siu' we neg- 
lected to mention the name of .lack Moore; nevertheless .lack was there and did his 
l)art. 

I',arly PViday morning, October 2.'5, these men set out, their hopes buoyant and an 
expression of do or die written on their every countenance, rnanimously they 
chose Mr. Miller as their leader. ( )ii Tuesday, ()ctoberL'7. I'. F. Hilton returned to 

8. Doc. 128 2 



18 SIOUX INDIANS OF PINE RIDGE A.GENCY, S. DAK. 

Newcastle with live wagons and several Indians. This Imnch was met on the 
Cheyenne River and offered little resistance. It is shown even then the Indians 
had the so-called bad blood in their hearts, as seen l)y an int-ident which occurred. 
An old buck approached Oliver Johnson and asked for a match with which to light 
a newly made cigarette. As ]\Ir. Johnson was hunting for the necessary article, with 
a tiger's leap the Indian grasped the revolver from Johnson's belt. A tussle then 
ensued, with results that it still remained in the hands of its owner. Two bucks who 
were known to be with this band never showed up, and the supposition is that they 
went ahead to warn other bands. 

The main posse continued and soon found the trail of a larger bunch of Indians. 
The trail was quite plain on account of a wheel on one of the wagons breaking. A 
pole was tied to the wagon in such a way that one end acted as a support, while the 
other dragged on the ground, causing a small furrow. 

The Indians were live days ahead of the posse, who always kept a faithful vigi- 
lance and were jirepared for any emergency. On the Cheyemie River they picked 
up a man })y the name of Frank Zerbes, who stayed with them from then on. On 
Friday noon, just a week from the time they left Newcastle, they came upon the 
bunch they had been following. Apparently there were two bunches combined, as 
there seemed to be two leaders, one named William Brown and the other Charley 
Smith, or Eagle Feather. It washigh noon at this time, and Mrs. Brown, Chief Brown's 
wife, prepared a dinner — nothing fancy, but all that could be expected. After dinner 
plans were made to stay until the bucks came in, as most of tliem were out hunting. 
The first to arrive was Smith. On his saddle, strapped securely, was a dead antelope. 
Smith was a half-breed and was highly educated, having been a graduate of the Car- 
lisle Indian School. He spoke the English language very fluently. For more than 
three years he had openly defied Sheriff INIiller and had several times sent word that 
he couldn't be arrested. 

When all the braves were assembled Mr. Miller read the warrant and requested 
them to submit peacefully. Smith then spoke up that he would not go to Newcastle; 
that he knew ]Miller's duty, and had a thorough understanding of the law. Mr. 
Miller explained that as the warrants were put in his hands by the i)roper authorities 
he must serve them. Pre] larations for moving camp were begun, and the p( >sse thought 
the Indians had yielded, when, on starting out, great was the surprise of the wliite men — 
instead of following them the Indians turned in an exactly opposite direction. 
Every means, except hostile, were resorted to by the whites to head off the Indians 
and to reason with them, but to no avail. The Indians moved in such a formation 
the whites were surrounded. Even a few Indians got off their horses with guns in 
their hands. One of them got down on the ground and ]iawed it with his hands, 
throwing the dirt into the air like an angry bull. John Owens explained the next 
day that this was a sign whereby the Indian had bad blood in his heart and wanted 
to fight. The situation was taken in carefully and it was seen at a glance that it 
would be more than folly to attempt to make a stand with only seven men against 
such odds. 

An opportunity for escaping was seen and taken advantage of, and ere another 
Custer massacre could be repeated our men were galloping across the plains after 
reenforcements. They rode to the Fiddleback ranch, 20 miles from where they had 
met the Indians. Here they were joined by two cowboys, Stephen Franklin and 
Charles Harvey. A consultation was held here and the cowboys, who knew the 
country well — yea, even better than Sioux Indians — said they would come down 
Lightning Creek. The posse staid over night here, and on Saturday morning Jack 
Moore and Frank Zerbes were dispatched to watch the Indians and were to meet the 
posse at Jake Mills's ranch on Lightning Creek. On the way there the main posse 
picked up four more men — ^Lew Faulkenl)erg, at Oleson's; John Owens, the noted 
Indian fighter, was found on his ranch repairing some wire fence, and the last addi- 
tion to the party was a couple of men with ])ack horses. Their names were George 
Fountain and H. Coon. They were of Wessington, S. Dak., and were bound for the 
Black Hills. This made the number thirteen, as the two cowboys had also joined. 
The posse and reenforcements then started for the meeting i>lace and arrived there in 
the afternoon. As nobody was around and there l)eing })lenty to eat they took pos- 
session, and in a short time they were seated at the table allaying their hunger. 

It was along about 4 o'clock that Zerbes and Moore came riding in and announced 
the Indians were coming only a mile and a half behind them. The horses were got 
up, guns examined, and all other necessary arrangements were made in readiness for 
the ajiproaching conflict, and by this time the Indians were near the Mills ranch. 
The Miller posse rode down into the river l)ed where they could have better ])rotec- 
tion. The Indians came on. John Owens and Sheriff Miller climbed u}) the bank 
and once more they tried to make the red men halt and surrender, and while thus 
engaged an Indian about 40 yards distant raised his rifle to his arm and let fire. 



SlOrX INDIANS OF I'INE KIDUE AOENCY, S, DAK. 19 

Tlif si'ciinil the t-cli(K's hu'l tiini away •'stuff was all nff" ami Ik-I'oiv they kiii-w it 
the iviiiaimlt-r 111 the ])i)sse lunl cliuilieil the hank aii<l were rallie<l anmiid their 
leaiKr, I'.illy .Miller. Kaulkeiil)erir fell at tlie tii-st volley. .>^h(it throujrh the neck, 
nearly severinir hi.< head. The ti;.'lit ra^'ed on and in full view of the enemy were 
our men. There stood Sheriff .^liller witli a ^'rim countenance. Like a Custer he 
held his ^roiuid. What matter weretlie odds two to one in theenemy's favor; wliat 
matter were tlie hullets tlyiu'r all around. He knew the peril and risk. an<l was only 
doiuir his duty as an oflicer, when, lol a hnllet struck him hiirh up in the left hip, 
severinjr the femoral artery and hreakinj: tlu' hone. 

Now that the leaiU-r had lieeu shot, more true and faster llew tin- hullets from the 
rifles of the whiti's and faster dropped the Indians, until they could stami it no 
lon^'er, and then hmke and tied. .Vs soon as Hilly was seen to fall, Oliver .Johnson 
ran to his assistance and succeeileil in <rettin'_' him to the house, with the help of a few 
others, when- Mr. Miller died a half hour later, just as the sun was sinking in the 
west. While Mr. Miller was hein<i taken off the tield, John Owens stood alone and 
held tlie fort. Black Kettle, the one who started the ti^rht, is supposetl to he the 
Indian that sent tlie leaiU'u missle into our sheriff, l)Ut he i.s also dead. The tight, 
as far as any can tell, lasted for al)out three mimites. 

Smith was taken for ilead and laid on the lieid all nij^ht. He was shot through 
hoth IciTs, and durin<: the iii<:ht he took off his l>elt and wrappeil it around them to 

stop the tiow of hi 1. Sunday niornin;: several men went down to the hattielield, and 

great was their surprise to liml four sipiaws who had come hack to l)ury their dead. 
They had a tire and close to it laid Smith and alive. The squaws rejjorted live Indians 
had been wounded. Four bucks were killed, and on the arrival of the coroner from 
Converse Comity were e.Kamineii and buried. Smith wa.s taken into the house and 
attention paid him. 

Sunday morning Jim Davis and R. B. Hackney .started for Newcastle with the two 
corpses, and arrived here that night at 1..S0 a. m. Smith's wish that he would not 
be moved until Monday morning was com|ilied with on account of his wife's illness. 
She had l)een shot in the left shouliler and was ahso very low with pneumonia. 
Sunday night came and Smith died at 8.20. The squaws were sent t<i Lusk. On 
Monday morning the remainder of the posse started to town with the captured Indian 
liorses and arrived here Wedne.sday evening. 

A telegram which caused nmch excitement was received in Newcastle on Sunday, 
and reail as follows: "Courier l>rings news that your sheriff was shot on Liglitning 
Creek last evening, while trying to arrest Indians. One man and three Indians killed." 
The telegram was sent from busk. The courier it has reference to was Stephen 
Franklin, who had left immediately after the l)attle for busk. From the time the 
message was received until the last occurrence men with grave faces, talking over the 
situation, could be seen in bunches on the .street conversing of the situation. 

Too late for the east-l)Ound passenger train, a special was made up here for the 
purpose of (Hinveying Mrs. Miller to Crawford on Sunday night. Doctor Horton 
accompanied her. Their plans were t(j take the Elkhorn train in the morning for 
Lusk, as a<"cording to the teU-gram there was still ho})e, ami it was thought that Mr. 
Miller was only wounde<l ami would be taken to Lusk. However, the di'ad bodies 
arrived here .Sunday niL'ht at 1. .'!(». Before their arrival it was thought that Mr. 
Miller might be brought ovt-rland and only in a woundi-d state, so Tom Lamb and 
H. Nichols .'^ecured a team and, with a full medical sujiply prepari'd for any emerg- 
ency, they set out expei-ting to meet Doctor Horton on his way to town, but in some 
way they passed each other in the darkness. Mrs. Miller was wired and returned 
on Monday. 

The uneasiness regarding the original po.<se increased daily, as nothing had been 
lieard of their wlu'reabouts; soon Monday niglit a party of the following men set 
out to lind what was the matter: Messrs. Howell, sr., Howell, jr., .\l(ien. Wills, 
Bohan, and ;\Iartin. Oliver .bihnson returned Tuesday, while tlu' rest of the ])osse 
returned Wednesday afternoon. 

.\ message received on Monday from Douglas authorities said Indians were in 
vicinity of ivlgemont, and to raise a posse of men from here and capture them. The 
following mi'ii were organized into a po.sse under Ix^e Mathers: ^lessrs. Benedict, 
Hoyleman. Mullen, Howell, Coates, Jack.^Jon, ami Cole, who ileparted for Anhnore 
on Monthly night. \ message was receiveil Tuesday night stating that nine bucks 
and eleven .squaws had been captured by this pos.«e. They w»'re taken to l)ougla.s 
on Wednesday niglit, where they will be jirosecuted for murder, as they had con- 
fessed their guilt as being in the party who murdered Mr. Milh'r. 

Tlie funeral services of W. II. Miller were held at the K]>iscopal Church on 
Wediiesilay mornin<_'. To show due ii-spect the schools wereclosetl and a i>roclania- 
tion was issued by May<ir Kinney, requestimr all Imsiiiess housestol)e closed between 



20 SIOUX INDIANS OF PINE EIDGE AGENCY, S. DAK. 

10 and 12. The pallbearers were representatives of two lodges and were, Redmen, 
Coffey, Dow, and Fakler; Knights of Pythias, Patton, Upton, and Musser. Space 
this week is insufficient to give the complete life of Mr. Miller, but we hope to do 
him full justice next issue. 

Lew Faulkenberg was a wolf hunter, and arrangements had been made to bury 
him here, but on Tuesday a telegram was received from the Bank of Douglas, stating 
they would pay all the burial expenses, so on Tuesday the corpse was shipped to that 
place. 



[From Douglas Budget, Wyoming, November 18, 19D3.] 

INDIANS DISCHARGED— THE HEARING IN THE CASE OF THE REDSKINS CAUGHT NEAR 
EDGEMONT RESULTS IN THEIR RELEASE. 

The hearing in the case of the nine Sioux Indians arrested near Edgemont, and 
believed to have been in the battle on Lightning Creek in which Miller and Falken- 
burg were killed, was held here on Saturday, and resulted in their release. Only 
one of them was identified as having been present when the trouble occurred, and 
only one witness could swear that he had fired a shot, the others declaring that w'hen 
they saw him he was running away from the scene of the trouble. It being plainly 
api>arent that there was no charge against the eight men, and that there was no pos- 
sibility of a conviction in case the ninth was held for trial. Justice Daniels very 
wisely ordered their discharge, and they left on Monday in charge of the agent. 
Nine witnesses were examined, all of whom were in the sheriff's posse at the time 
of the battle. 

The fact was clearly established thflt the first shot was fired by an Indian named 
Black Kettle, who was himself killed at the first volley fired by the whites. It was 
also shown that the Indians resisted arrest on the previous daj', and while they were get- 
ting out of the country as fast as they could to avoid arrest, yet some of them were 
anticipating trouble and had made up their minds to tight rather than be taken to New- 
castle to answer to the charge of killing game unlawfully. It was shown that Sheriff 
Miller did everything possible to avoid bloodshed. 

One good result of this unfortunate occurrence will be the prevention of further 
killing of game by these wandering wards of the Government, Agent Brennan 
declaring that he will put a stop to the practice for all time, or so long as they are 
under his charge. 

United States Attorney Burke, of Cheyenne, appeared in behalf of the Government. 
Col. J. R. Brennan, agent at Pine Ridge; Reverend Cleveland, an Episcopal min- 
ister, who has been stationed there for years; an interpreter from the agency, and 
Special Agent Nichols, of the Interior Department at Washington, were present dur- 
ing the hearing. County Attorney Mecum conducted the prosecution. 

War Department, 
Washington, Noveniher 16, 1903. 
Sir: In connection with Department letter on the subject, of the 7th instant, I 
have the honor to inclose herewith, for your information, copy of a letter just received 
from Maj. B. H. Cheever, Sixth U. S. Cavalry, inclosing a statement of William 
Brown, an Indian, in the matter of the recent encounter between Indians and a sher- 
iff's posse, Newcastle, Wyo., together with a list of Indians supposed to have par- 
ticipated in the fight that ensued. 

Very respectfully, Robert Shaw Oliver, 

Assistant Secretary of War. 
The Secretary of thS Interior. 



Statement of William Broum, member of band of Indians engaged in fight vith sheriffs 
posse in Wyoming, made to Maj. B. A. Cheever, Sixth Cavalry. 

November 6, 1903. 

Was given pass by agent September 30 to go off reservation to gather herbs and 

roots, and took advantage of same October 6. Only three in my party. Was on the way 

home from Wyoming when I met Charlie Smith and his party, about ten days ago. 

All were coming home together, and met on Little Thunder Creek. Killed prairie 



SIOUX INDIANS OK IMNK RIDGE AGENCY, S. DAK. 21 

dogs, chickens, and rabbits. Did not kill any large game. Traded inoccasiiis off 
with sheep men for sheep, (iot deer meat also from sheej) men. Did not have any 
beef. Whit*' jteopU' came into camp, l)iit 1 was away, day Itefore the hL'lit ( last Fri- 
day, week ago). When I got l)aek 1 found my i)eople getting ready to pull out, and 
asked one of the whites, and lie saitl he would he hack in the morning and arrest us. 
Dill not serve any warrant or serve any paper. Did not hear of sheriff asking for our 
arms. I was told that a sheriff was in our camji to arrest us all, and said " We want 
vou to go to town with us. We ( whites ) did not see you kill any ileer, hut yon must 
go to town with us." I wanted to surrender, hut the Indians were breaking camp 
and tretting reaily to pull out. 

Finallv. whites said they would go away and come hack in the morning. Indians 
then ])ul"leil out for reservation. Charlie "Suiitli and his party refused to surrender 
to the sheriff, and wotil<l not give up their guns. Said they had not killed any game 
and had done nothing wrong, and that they would return to the re.>^ervation. Left 
camp after sumlown for reservation. Went 4 or 5 miles that evening, and went 
into camp again. Sheriff's party ate su]>i)er with Indians in our •amj). I was away, 
hut my wife told me so. ( Whites toM Agent Brennan this also.) Broke camp on 
Saturday morning soon after sunup. Had marched to Warren Creek, al)Out 15 
miles. We stojipeil then at noon. Stoi)ped about one hour, an<l then [lulled out 
i^»ain. Marched until 4 p. m. Most allot party were in wagons. Some four Indians 
were on horsel)a(k. No advance jiarty out, or flankers, and were not anticipating 
any trouble. Three wagons in rear. " All at once the front wagon came to halt. 
( Wooded country in bend of road.) Wagons were stretched out about three-fourths 
of a mile. Sheriff's party came out in front and dismounted and l)egan liring into 
Indians. 

Am positive first shots were fired by sheriff' spo&se. Indians did not lire from rear 
first, as claimed l»y whites. I did not see Indians return fire, but at once turned my 
team around and "started back out of the tight as fast as I couM go. I was in niy 
wagon and did not lire a shot, but got away. As near as I could see all the Indians 
trie<l to get away tlie best they could with their families. Did not see Charlie Smith 
in the tight, sinith and his wife were driving in a wagon. Had my wife and chil- 
dren with me, and got away as soon as i)Ossible. We cut the horses loose and left 
the wagon there. I got my buggy and put all my children and wife in it and started 
for the reservation. The Indians left all their wagons and goods on the road. We 
kept on traveling all night. We were going to camp at Hat Creek, South Dakota, 
but saw some white men coming, who tired upon us, and so we pulled out again and 
<lid not stop until we got to ilorsehead Creek, near the town of Oelrichs. Four of 
])arty altogether home. Last I>ear came back with me; is here wounded. lilack 
Feather and Chief Fagle and their wives also came with me. Are on tiie reservation 
now. Chief Kagle has gone l)ack with one of the agency otlicials to get families, 
wagons, etc. 

XoVEMBKK 7, l9t1.S. 
Black Feather's statement exactly the same as above. He was with William 
Ihown's party. 

B. II. Cheevkk, 

Major Sixth Covnlnj. 



List of hidinuK foippoxeii lo lutve hfP)} iu fight inth sheriff and poi^ne, from Xoirastle, 
ll'i/M., at JAijhtning Creek, ahont ;l'> mileK north of Lvnk: 

Charles Snnth, killed, and wife, wounded; Black Kettle and wife, killed: Clear or 
Gray Bear and wife, killed; Peter White Elk, kille<l. 

Charging Wolf and wife, Havid Broken Nose and wife. Paint ami wife, White Klk 
and wifi', .lesse Little War I'ounet, Iron Shield and wife. High Dog and wife. Fool 
Heart anil wife. He Crow and wife, (toimI Kagle and wife all under arrest at Kd^'c- 
mont. .Misinformed in infonnation given in first telegram. 

Last Bear and wife, Chief Kagle and wile. William I'.rown and wile. Black I'\'atiier 
and wife returned to reservation. 

NovKMHKi; 7. ISKK). 
One man wounded; ictiirned to reservation. Who'.' Black Feather. 

B. II. CUKKVKH, 

Maiiir Si.iih ( 'aralri/. 



22 SIOUX INDIANS OF PINE EIDGE AGENCY, S. DAK. 

Pine Ridge Agency, S. Dak., 

November 21, 1903. 
Sir: Congressman Martin asked me to furnish him with a statement of the late 
Indian trouble in Wyoming. In compliance with his request, I send him by to-day's 
mail a brief account of the matter. Inclosed please tind a copy of letter to Mr. Martin. 
Very respectfully, 



The Commissioner of Indian Affairs, 

Washington, D. C. 



John R. Brennan, 

United States Indian Agent. 



Pine Ridge Agency, S. Dak., 

November 21, 1903. 

My Dear Martin: On my return from the "Indian war" in Wyoming, I found! 
your letter of the 12th instant. Broken Horn has been furnished with a copy of the 
proceedings of the council held with you here on September 21 and 22, 1903. 

The trouble between a few of our Indians and citizens of Wyoming was a very 
deplorable affair and is very much to be regretted. The killing of the sheriff, his 
deputy, and four Indians should not have occurred, and would not had the officers 
and posse used reasonable judgment. The facts in the case, as near as can be judged 
at this time, are about as follows: 

There were two small parties of Indians from this reservation. One party was 
known as the Smith party, the other as the Brown party, some 35 persons in all, 
men, women, and children, mostly old people. They were absent on passes to visit 
the Black Hills and vicinity for the purpose of gathering berries, roots, and herbs. 
The two parties drifted over into Wyoming, and a few days before the trouble 
accidentally met and camped together in Converse County, Wyo. ; had agreed to 
come back together to the reservation. On the afternoon of Octol^er 30 Sheriff Miller 
and posse, of Weston County, came to their camj); told Smith, the leader of one of 
the parties, that he had a warrant for their arrest for violation of the game laws of 
Wyoming; told them they must go with him to Newcastle. Smith replied to the 
sheriff that they did not live in Newcastle; that they had not violated any of the 
laws, and refused to go. The sheriff talked to Brown. Brown said he and his party 
were willing to go if Smith would go. The sheriff and posse ate supper with the 
Brown party, Mrs. Brown preparing supper for them. After supjier the Indians 
broke camp, hitched up, and started on the road toward the reservation. The sheriff's 
party at the same time saddled up and traveled along the same road with the Indians 
for a short distance until they came to forks in the road, one road leading in the 
direction of Newcastle and the other toward the agency. 

The Indians took the road to the agency. Here the sheriff tried to have the 
Indians go on the Newcastle road, but instead Smith, who was in the lead, beck- 
oned or motioned with his hand for the Indians to keep on the road toward the 
agency, which they did. The sheriff and Ids party took the road to Newcastle. 
The Indians traveled some 25 miles that night; went into camp; hitched up next 
morning, the 31st, and traveled until noon; had dinner, hitched uji, and traveled 
until about 4 o'clock ]>. m., having traveled some 45 miles on the 31st, or, in all, 
some 70 miles in the direction of the reservation from the time they had met the 
sheriff's party on the previous evening. 

At 4 o'clock on the 31st they were traveling down what is known as Lightning 
Creek, in Converse County, and about 25 or 30 miles north and east of Lusk, Wyo. 
The two parties of Indians were together. They had 15 wagons, their wives and 
children witli them, and were moving along the road down Lightning Creek, wagons 
strung out abouta half a mile. They had a Ininch of ponies, driven by an 11-year-old 
boy, in frunt of the wagons. They came to a wire fence in the road, and an Indian 
girl opened the gate in the wire fence to let the wagons through. Two or three 
wagons and the loose ponies had passed through the gate. Here the Indians dis- 
covered a ])arty of armed men, 13 in number. Here is where the trouble occurred. 

The story of just what happened at this time, how the fight started, who tired the 
first shot, the killing of the sheriff, his deputy and four Indians, as told by the sheriff's 
posse and the Indians is altogether different. The sheriff's party say that they were 
just outside the wire fence and near the road the Indians were traveling on, that when 
the Indians were within a hundred yards of them they saw that the Indians had 
discovered them and l)egan to get out of their wagons and prejiare to tight. The 
sheriff and party then left their position, went down into a dry creek bottom shel- 
tered by a l»ank 6 feet high and to a point 50 yards from the front wagons. They 



Siorx INDIANS OF I'lNK KIDdK .\(;KN»'Y. S. OAK. 23 

then say tliat the sheriff and party stejijuMl upon tlie hank of the creek and on a 
level with thi- Indians and told the Indians tr> halt ami snrren<ler, and that after this 
(•(iniMiand was driven one or twn slmts wen- (ired from the hack i-nd of the Indian train. 
Tlu-n tlu' pos.^^e l)e^an to tire and tiie tirin'r liccanie general. The ten witnesses, sher- 
iff's posse, that testified a<rainst the nine Indians tried at I)on<:las fur ninrder, and 
actpiitteil, all swore tliat the lirin*: lasted from three to five minntes and no lonjrer; 
at the end of this time. accordin<r t<i their testimony, the Iinlians liad all He<l, leaving 
the most of their wa^'ons and effects on the roa<l. Sheriff and depnty killed. Fonr 
Intlians killeil and two wounded. One of these woundc<i wa> a woman. Smith's wife. 
Tlii-y say the sheiiff was shot in the thii^h in front, pretty well up, and that the hall 
came out in hack part of the hij), jiretty hi'rh, ahont tlie hij) pock«'t. This is very 
improhahle, as the Indians were on hi<:her j.Mdnnd than were the sheriff and his men. 
If he was shot in the front part of the tiii^di, the hall would not come out hi<;h nj) on 
hip hehind. 

Now, the Indians' story of tlie troiil)ic, from the time they discovered the armed 
party, is diffen'Ut. 1 have questioned nearly all of them very closely on this matter 
and they all, practically, ^dve the same version of the affair. They say tlu-y were 
traveling' aloii'.' the mad down Li<rhtnin<r ("reek. They were mostly all in their 
wap)nswith their families. Were not anticipatiuir any tronhle whatever. Had their 
i:uns (those who had >:uns) put away under tlu'ir hediliu'r an<l tents. They came to 
the jrate in the wire fence. The >rirl opened the gate, and two or three wagons 
jia.>-sed through. A hoy was driving jionies in front. The hoy disc-overed the armed 
party, turned his pony around, ran hack to the wagons and shoute<l, "Look out! 
white men with guns going to shoot." Ahont that time they were Hred upon hv the 
white.*. The hoy and jiony were killed at the first volley. The top f)f the hoy's 
head was l)lown off. They say that there could not have j)ossihly heen more than 
two or three of their party who returned the (ire, prol)al)ly Black KettU' and Smith, 
as they were in the front wagons. They say that whi'U the tiring hegan they all 
tried to get away the hest they could, taking their wives ami children with them, 
leaving wagons and other effects hehind. 

There were fonr Indians killed: The hoy mentioned ahove, 11 years old; Black 
Kettle, o8 years old; Charles Smith, liS years old; Clear, 52 years oM. The two 
wounded were Mrs. Smith, wife of Charles Smith, shot in hack of shoulder, hall com- 
ing out in front, and Last Bear, an ol<l man, HO years old, shot in hack, ball coming 
out in front, will prohahly die. 

All the Imlians I have talked to who were in this party will all testify on oath on 
ahove lines, and that they were lired into tirst hy the sheriff's jiarty. They will also 
testify that they di<l not know it was the sheriff's party, who had been to tlieir camp 
the day l)efore, that stopped then\ in Lightning Canyon; that there was nothing said 
hy the armed i>arty to indicate that it was the sheriff and his i)arty or that they had 
a warrant for their arrest. When a thorough investigation is held, I am of the 
oi)inioii it will he shown that the Indians were not to l)lame for the tronl)leon Light- 
ning Creek. The only mistake made by the Indians was that they did not go with 
the sheriff the first day, when he went to their cam)). But they i-laim that the 
matter was not explained to them by either Smith or Brown, who could talk some 
Knglish, and who talked with the sheriff, (tutsideof Smith ami Brown and wife, 
none of tile other Imlians could talk or understand Knglish. They all say that if 
they had understood the matter and just what the sheriff wanted tlu-y would have 
gone with him to Newca.«tle, some (iO miles away and out of their roail. 

The nine Indians arrested .several days after the light and charged with the umrder 
of Sheriff .Miller and deputy were trie<l at Douglas on the 14th instant and ac(|uitted. 
While we did not deny or claim that these nine Imlians were not in the i)arty that 
had the trouble with the sheriff, yet there was not one iota of evidence jiroduced by 
the nine or ten witnesses who testified against them, all of whom belonged to the 
sheriff's pos.«e, to in any way implicate the.«e nine Indians with the murder as 
charged. 

I arrived on the ground as stum as jjossible after the trouble. Found, after a hur- 
ried investigation and impiiry, that reports of the trouble had been very nmch 
exaggerate<l by the jieople in that section of Wyoming. From the best information I 
could gather at that time 1 was convince(l that a mistake hail been made by the 
oflicers and that the killing of the Indians, sheriff, and deputy was not altog«'ther 
the fault of the Indians, as was claimed by the whites. 1 took this gmund and 
so di-clared myself, both in communications to the I)e|>artment and to the L'over- 
nor of Wyoming. I ilemanded the release of the nine men arrested on tln' groinid 
that they were innocent. Tin- governor refused \i> order their release, slating in 
re|»ly to my telegram that his information (received at Cheyenne) was different and 
better than mine (n'ceive<l by me on the ground). The stantl I took in tlie matter 



24 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

aroused the wrath of some of the citizens of that part of Wyoming where the trouble 
occurred, and especially of those who composed the sheriff's posse. Was told that 
one or two of the good citizens of Newcastle said I ought to be shot for taking the 
side of the In(lians in this matter. I did what I could at the time to straighten the 
matter out as speedily as possible and get what few Indians there were in that sec- 
tion of the country away from there and back on the reservation. They were being 
hunted over and through the country as though they were coyotes or wolves. Men 
and women testify that while trying to make their escape on second and third day 
after the tight that they were shot at several times. 

I see by the papers that Congressman INIondell has tiled a protest in the Indian 
Office against the management of the Indian agency at Pine Ridge. He says, "Bad 
management was solely the cause of the recent Indian killing in Wyoming." If 
Mr. Mondell had said "that Ijad management on the part of the officials of Wyoming 
was the cause of the recent Indian killing in Wyoming, he probably would have 
come nearer to striking the nail on the head. Indians on all the reservations, so far 
as I know, are granted permits to go outside of their reservation from time to time, 
and visit their brethern at other reservations. This is an established custom and is 
recognized by the Department. Agents at all the agencies are authorized to grant 
passes to a limited number of Indians under their charge, to visit away from the 
reservation. When I granted passes to these two small parties for a visit outside of 
the reservation I was acting within the law and custom. The permits were not 
given for the purpose of hunting. It is a fact, I think, that if an Indian wishes to 
go away from his reservation without a permit from the connnissioner or agent, 
there is no law to prevent him from doing so. Mondell's friends claim that he is 
going to have laws passed j)rohibiting Dakota Indians from leaving their reservations 
for any purpose, prohiljiting them from traveling through the great State of Wyom- 
ing, and if caught in the State, to Ije shot on the spot. This, of course, is all wind. 
Yet it would be well for yourself. Congressman Burke, Senator Kittridge, and Sena- 
tor Gamble to keep an eye on Mr. Mondell and see that he does not give our Dakota 
Indians any the worst of it. 

Indians from IMondell's State visit this reservation in large numbers everv year; 
you yourself met quite a number of them here at the time you held a council with 
the Indians. They were from the Shoshone Reservation. They visit, hunt, and 
kill game to their heart's content, and are treated royally by our Indians and whites 
in this section of the country. They are not treated like a lot of criminals or a pack 
of wolves. 

I am not loosing any sleep over Mr. Mondell's protest, if he has filed one, against 
my management of the agency. In so far as the management relates to this niatter, 
I think when the investigation now being held by the Department officers is com- 
pleted and submitted the matter will be shown in a light that will not reflect much 
credit on Mr. Mondell's constituents, those who were nuxed up in the affair. I do 
not wish to mix my friends in Congress from this State up in this matter in anyway 
or cause them any "trouble — that is, in so far as it effects my actions as agent. 

The information given liere is offered for your guidance in case any unjust legisla- 
tion against our Dakota Indians is attempted by the Wyoming contingent. The 
affair has caused me lots of trouble here on the agency. It is one continual round of 
ex]jlaining why and how it was that their friends were killed to our Indians here. 
Will have to keep on explaining to them for the next year. Under the circum- 
stances, the Indians are behaving very well over the matter. 

With kind regards from Mrs. Brennan and self to Mrs. Martin, I am 
Verv truly, yours, 

John R. Brennan, 
United States Indian Agent. 

Hon. E. W. Martin, 

Washin</toit, D. C. 



RosKBi'D, S. Dak., November 34, 1903. 
Sir: I inclose copies of the passes given by Agent Brennan, of Pine Ridge, to the 
two bands of Indians who were in the fight at Converse Creek. It will l)e noted 
that, as stated in my report, the Smith party had not left the reservation when the 
posse was being organized. 
These papers may lie filed as inclosures to my report of the 16th instant. 
Very respectfully, 

CiiAs. S. McNichols, Special Agent. 

The Co.MMISSIONER OF INDIAN AfKAIRS, 

Waslnngton, D. C. 



Slorx INDIANS (»F I'INK KIlXiK AGENCY, S. DAK. 25 

I'lNK Kii)(;e AiJEXCY, S. Dak., 

Ortohcr ^'11, l9'J.i. 

rennission is jriven Charles Smith (K) and wife (W), Hi^rh White Man and wilV. 
No T\vi» Horns and wite. (iray Hear ( K ) and wife, (ioud Win^ and wife, Blaek 
Kettle iK) amt w ife, (n><id Voire Flnte, Hattlinjr and wife, Peter White Klk (K) and 
fjine Hair and wife, to ))e al>sent from this airency for a |)eriod of lifteen days, for 
the purpose of visitin^i the Blaek Hills and vicinity. Ohject of visit: (iatlierini: 
herhs, roots, and l)erries. 

J. K. Bkennan, 
Unitefl Stnti's Judian A(jeut. 

Those marked K were killed on Liirhtninir Creek, Wyominir. October HI, 19t):i; W, 
wounded. 




wite. 

John R. Brex.nax, 
Ziiited States Indian Agent. 



[From the Chiirtron Times.] 
TMK I'Al.EKACE OUTBREAK IX WYOMINCJ. 

The trouble with the Indians in Wyominfi is over, and the net result in l)lf)odshed 
is 2 wl)ite men and 4 reil men killed and a l)uck and a squaw wounded. 

On the ;^Oth of October two small parties of Indians belonj^in^ to the Pine Kidge 
Reservation and l)earing passes from Major Brennan, Indian agent, returning from 
an expcilition into Wyoming, as a result of ordinary good fortune came togetlier on 
Little Thunder Creek and formed a single jiarty and were (|uietly and peaceat)ly 
pursuing their homeward journey when Sheriff Miller with a small po.s'^e from New- 
castle intercepted them for tlie i)uriiose of luaking a wholesale arrest and marching 
the whole l>ody to the Wyoming town. 

Thetwooriirinal Viands were headetl, respectively, by William Brown, who had three 
with him, and Charlie Snnth, who liad a mucli larger nundier; and when uniteil the 
travelers and their train consisted of sixteen men, some women and children, and 
lifteen wagons. These peoi)le had been al)road to gather roots ami herbs, and the 
Indians say that tiiey had killed rab})its, >^age hens, and jirairie dogs, but no large 
ganu'. and nioreover state that tlu-y had traded with the wliiteswho came into their 
camps, giving moccasins and bea<l work for slieej) and venison, and Last Bear, a 
mendu-r of the P)rowii party, says that these had no beef at all, except the offals of 
a carcass for which they traileil a i)lanket at Hot Springs on their outward passage. 
The claim was ma(h' on the part of Wyonnng settlers that they were hunting the 
larger game in violation of the State law, and also that they were killing I'attle. 
We would not greatly doubt that they had shot large game, but it is not so proliable 
that they molested cattle on the range. The excited ima'.'ination of men who tlunk 
Indians "have no ri<.d!t to live woidd have little ililliculty in mixing a few cttws in 
with antelope in the imlictment a^'ainst tiiem. 

After the two partii-s had united Charlie Smith was, on account of his .superior 
attaimueiits and ability to speak English, ])ractically the hea<lman. He was fairly 
educated at the Carlisle school, hatl been assistant farmer on the White Clay, and 
during the present year had ))een one of the agent's foremen and in charge of 40 or 
r)() laborers on the national work on the reservation and \fas a peaceabU' and useful 
man. There was. therefore, united to his own Indian cunning some of the white 
man's knowledge anil exiierience. But for this knowledge and experii-nce there 
would probalily ha\e lieen no blocjdshed. 

The sheriff wantt'd the Indians to go with him, but Smith refu.^Jed to do so, sayin^r 
that they had done no wmng and w«'re atteufling to their own l)usiness going to the 
rei^ervation, and that he knew if they were to go with the slieriff they would be 
stripped of their ponies and wagons and everytiiing el.«e they luul, for thi.s liad been 



26 SIOUX INDIANS OF PINE RIDC4E AGENCY, S. DAK. 

their experience in a former like case. Brown advised Smith that he was wilHng to 
go with the sheriff, and it is understood that there would have ])een no objection by 
the other members of the party. The sheriff and his men took dinner in Brown's 
tent. He told Smith as they were leaving that he was going away to get reinforce- 
ments and that he would return and take the Indians back. 

They all moved away together from the dinner encampment at the same time, but 
had gone only a short distance when they reached the forks in the road, one going 
to Newcastle, which the slieriff took, and the other bearing toward the reservation, 
which Smith, who was in the lead, followed, at the same time beckoning to the 
Indians to come with him. Not being able to understand Englisli, they supposed 
that some agreement had taken place between Smith and the sheriff, and that it was 
the proper thing for them to go with the latter. 

They traveled until 11 o'clock that night before pitching camp, and at sunrise 
next morning took to the trail again. At noon they went into camp for dinner. 
About 5 p. m. they came to Lightning Creek. They had now covered upward of 70 
miles since they separated from the sheriff. At this point a girl went to open a gate 
to let them down to the stream.' She returned with the information that a body of 
white men were down there and were going to shoot at the Indians. The Indians 
were moving along without a word. Their guns were put away in the wagons, and 
only two or three on horseback had guns in their hands when the shooting began. 

The Indians deny that the conflict was begun by them, and it is said by some 
familiar with the evidence on both sides that when the truth is fully known it will 
be seen that the white men were the aggressors. Sheriff W. H. ]SIiller was killed and 
Deputy Faulkenberg mortally wounded. Of the Indians, Smith and three others 
were killed, and Smith's wife and and Last Bear were wounded. The Indians scat- 
tered and fled, leaving ponies, wagons, and nearly everything they had. One Indian 
who had a wagon and a buggy left the wagon and escaped with the buggy. Last 
Bear, who was wounded, was put into a conveyance and taken away with his family. 
Black Feather and Chief Eagle, with their wives, got away with Brown. Several of 
the Indians were captured by the ]iosse and taken to Newcastle. Those that got 
away made all possible haste to reach the reservation. They traveled all that night 
and the next day, intending to camp the next night on Hat Creek, where there was 
a settlement, but here three shots were tired at them by somebody and they kept on 
till they reached Horse Head in the vicinity of Oelrichs, where they went into 
camp. It is said that this party, traveling in every possible way, was in a pitiable 
condition. 

Indian Agent Brennan dispatched some officers from the agency, who, taking Chief 
Eagle with them, went to gather up the abandoned property and to bring l)ack some 
families that were behind. The agent also urged the Department to take active 
measures to investigate and to protect the Indians in their rights, and see that they 
had proper defense. 

Last Saturday the Indians in custody had their examination at Douglas. When 
the State rested, the United States district attorney moved for a discharge of the 
prisoners on the ground that no case had been made against them, and the magis- 
trate sustained the motion. There were nine of those who came down ^londay night 
on the train and went to Rushville on their return to the reservation. 



[From the Oglala Light.] 

THE WYOMINf4 TROUBLE. 

So much that is untrue and misleading has gotten into the papers relative to the 
unfortunate clash at Liglitning Creek, Wyoming, October .31, between certain Indians 
from the Pine Ridge Agency and the sheriff and posse of Weston County, Wyo., that 
we deem it but proper to make tlie following statement of the facts as gleaned from 
Indians who were present at the time of the trouble, and from others, both Indians 
and white people, who visited the scene later and heard the evidence given bj' mem- 
bers of the sheriff's party at the trial at Douglas. 

Some time in the early part of October passes were issued l)y Agent Brennan to two 
small parties of Indians — one headed by Charles Smith, the other by William Brown, 
both intelligent, law-abiding, well-disposed men, the former having creditably filled 
the i)()sitif)n of assistant farmer on the reservation for a number of years — to visit the 
P>iack Hills and vicinity for the purpose of gathering berries, roots, herbs, etc. 
There were, all told, only about thirty-five Indians, 1)y far the greater part of them 
being ol<l men, wouien, and children. Both parties drifted over into Wyoming and, 
meeting by accident, agreed to go back to the reservation together. 



."^lorx INDIANS OK I'INK KIFKiK A(4?:NCY, S. DAK. 27 

OnOctoher 30, while ramped tojretlicr Mil Dry Cheyeiiiu'Cnck. in Coiiverpe County, 
Sheriff Miller, <if Weston Cuunty, with a jmsse uf neven nu-n nxlc u]i an<l, a<-((>stin<; 
Smith as the man l>est al>le to speak ami mulersfaml Kii^'lisli. told jiim that he had a 
warrant for the arrest of the Indians for tiie violation of the irame laws of \\'yomin<.', 
and that tln'V must >:o with him to Newcastle. Smith denied that either he or any 
of his jiarty had violated any law, and refnsed topi, i'.rown, while liki-wise dis- 
elaiminjr any infraction of law, said lie was willinj; to jro if Smith would. Smith, 
however, remaineil tirm in his refusal. The mutter was discussed in a (|uiet and 
friendly way, and the sheriff's i)arty remaine<l and ate supper, which Mrs. I'.rown 
prepared for them. After supper the In<lians hmke cam|) and started on their way 
home. The sheriff and [lossc accompanicil them to the point where the mad tt> New- 
castle hrani'hed off, and at tliis point made another effort to induce tlu- Indians to yo 
with them. The t-ffort was fruitless, tlu- Indians without furtln-r jiarley continuinj^ 
on their way. The sheriff's party then took the road to Newcastle. The Indians 
drove some '2n miles and went into canij) for the nijrlit. Startin-r early next morning 
they had p)ne .«t)me 45 miles and were travel in<ralon<j; Li;;htnin<r Creek ahout 4 o'clock 
in the afternoon when they came to a feiu't' huilt across the roa<l. There were ahout 
lowajrons in the train, which wert' strun<r alon^r a distance of ahout half a niik-, a hoy 
atiout elevi'U years of a're driviufr the extra ponies a siiort distance in advance of the 
wapins. As they a])]'roaciied the tenet' a little ^irl ran forward and opened it. The 
t»oy and ponies with two or three wa^rons had passed throu<rh when tln' Inclians dis- 
covered ahead of them Sheriff .Miller with a jkis.sc of 1.'! men, all heavily armed. 
Here is where the trouble he^an. 

The accounts of the tiirht, as told by the sheriff's party on out- hand and hy the 
Indians on the other, differ radically. The former state that they were stationed just 
outside of the fence and that as soon as the Indians saw them they l)e<ran to jxet out 
of their wa.L'onsand jirepare to fijrht, whereupon the party moved hack ahout .'>() yards 
and took up a position in the hed of the creek, which is dry, and where they were 
sheltered hy a hankaliout .t or ti feet hi>:h. As the Indians came (ui the party step])ed 
up<in the hank and demanded that they halt and surri'nder. The party claim that 
at this time the Indians l)e<:an lirinir from the hack part of the train, and that then 
the litrht liecame ireneral. The lirin^' lasted from thn^e to live minutes, at tlie end of 
wliich time the Indians had all disappeared. 

The Indians, however, say that as they were goinK throujih the j^ate. the boy with 
the ponies and two or three wagons having passed it, the boy suddenly turned his 
horse and rushed back towanl the wajjons, exclaimin<:, "Look out. White men 
with <runs jroinir to shoot." They state i)Ositively that not only did the sheriff's 
party bejrin the tiring, but that tlu'y did so without warning. Tlu' boy and the |iony 
he was ri<ling were killed at the first volley, the boy lieing shot from behind and the 
top of his head being literally bhnvn off. The Indians also say that tlu' lire was 
returneil by only two or three men in the fore jiart of the train, and that the balance 
of the party were so taken by surprise that they attempte<l no resistance, but (led 
immediately with the witmen and children, leaving their wagons and camp e(|uipage 
on the Held. 

Such are the statements made by both parties to theaffair. The result of the fight 
was that 2 white men. Sheriff Miller and 1 (le]inty, ami 4 Indians were killed outright, 
ami 2In<lians. an old man and a woman, were wouiide(l. The woman has since died. 

Some I lays later a part of the Indians who made up the party were apprehended at 
Kdgemont, S. Dak., and taki-n back to Wyoming to answer to the charge of munler. 
The preliminary lu-aring was helilat Douglason the 14th, the Cnited States attorney 
for the district of Wy<iming appearing for the Imlians. .\fterall the evidence for the 
])rosecution had been heard the justice dismissed the case and released the Indians. 

The occurrence was a very unfortunate one and is much to lie regretted. While 
nothing is to be gained in further agitation of the matter, it is the opinion of many 
that the trouble was brought on by imprudent ami indi.«creet conduct on the part of 
tlie sheriff and might have been avcrteii. The Indians, of course, ma<ie a ndstake 
in not going with the sheriff when heappeared with the warrant; but there is excuse 
for their course in the fact that other Indians had been recently arrested in Wyoming 
and conlined for considerable periods in jail without any charge being preferred 
against them, and without being given trial, and these Indians knew it. .\gent 
Hrennan found one ca.se where a party of Indians had been detained ten days with- 
out the shadow of a charge, and it was only when he threat«'ned to bring action 
against the jiarties responsible for the outrage that the Imlians were released. 

The statement of the ( 'ongressman from Wyoming that the trouble was the result 
of bad management of theagency affairs finds no justilication among reasonable jh'o- 
ple familiar with the conditions and circumstances. Agi-nl I'.rennan, in issuing 
jiasses to these Indians to go off the reservation, violated neither law nor preceih-nt, 



28 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

nor did he commit an error of judgment. The practice of issuing passes to Hmited 
numbers of Indians to leave the reservation prevails at all agencies and finds warrant 
in the regulations prescribed by the Government for the conduct of Indian affairs. 
It is not true, as was stated in several papers, that these Indians were absent from 
the reservation for the purpose of hunting, nor is there any evidence that they were 
hunting in violation of the laws of Wyoming. The fact is that they were simply 
traveling through the State in the same manner that hundreds of the Wyoming and 
Montana Indians every year come into South Dakota to camp in the Black Hills 
and to visit their friends on the various reservations. Such parties are allowed to 
roam unmolested through the State, and are always accorded courteous and kind 
treatment. 

The Indians making up this party have always borne a good reputation at home. 
They have at all times been friendly and peaceable, and have never shown any dis- 
position to be troublesome. It will be dilhcult, indeed, for those who know them to 
believe that the Indians were wholly in the wrong. It is the opinion of many that 
they would never have refused to submit to arrest had the matter been pro])erly 
explained to tliem. 



THE LAW AND THE INDIAN — LIGHT ON THE TROUBLE IN WYOMING LAST MONTH — RESULT 
OF AN INDIAN OFFICE INVESTIGATION OF THE FIGHT IN WHICH SHERIFF MILLER AND 
CHARLEY SMITH AND SEVERAL OTHER INDIANS WERE KILLED — A SCHEME OF MURDER 
ON THE PART OF THE WHITES SIMILAR TO ATTACK ON BANNOCK HUNTINCJ PARTY IN 
1895. 

Washington, November 30. — In every controversy one side does very well till the 
other side is told. This saw is particularly applicable to the case of the Indian fight 
in Wyo'iiing a month ago, which furnished material for so many sensational news- 
paper dispatches to the East. Thick-and-thin sympathizers with the white element 
have persistently stated that the Indians made all the trouble by violating the game 
laws of Wyoming and defying the authorities. The Indian Office has made a thor- 
ough investigation of the whole matter through one of its most trusted special agents, 
with a view to disciplining the Indians concerned if these stories were true, but the 
indications, as shown by his report, point in the very reverse direction. 

It appears that the peojjle of Newcastle, Weston County, Wyo., according to their 
own account, became very much excited over reports which reached them "about 
October 20," of Indians unlawfully killing game in Weston County. So a posse was 
organized to go in search of the "lawbreakers. There were six civilians and the 
sheriff, one William Miller. In other communities the sheriff recruits his posse and 
commands it by virtue of his office; in this part of Wyoming, if we may believe a 
local newspaper narrative which the settlers agree in pronouncing correct, the posse 
get together and elect their leader; at all events, "early Friday morning (October 
23), these men set out, their hopes buoyant and an expression of do or die written 
on every countenance. Unanimously they chose Mr. Miller as their leader." Else- 
where than in Wyoming this would be pretty good evidence that the raid upon the 
Indians was a sort of jolly round-up, actuated more by a desire to pot a few infernal 
redskins than by an extraordinary sensitiveness in behalf of the violated game law. 
But mark what follows: 

Sheriff Miller and his companions beat the bushes for some days, and at length 
got hold of a l)and consisting of six male Indians and their squaws, whom they 
arrested and sent to Newcastle. Mr. Brennan, the Indian agent at Pine Ridge, S. 
Dak., heard of this arrest, hurried to the scene, discovered that the Indians were 
locked up in jail without any charge against them, demanded their release, and 
got it. 

Several days later, while wandering around, the jiosse picked up a cowboy who 
said that he could guide them to a Imnch of Indians whose whereabouts he knew. 
He did so, and the jiosse soon came upon a camp in Converse County with a few 
Indians in it, including William Brown and his wife, from the Pine Ridge Agency, 
who were the only ones who could understand or speak English. After taking din- 
ner with the Indians, Miller announced that he had a warrant for their arrest. Brown 
said that the band he was leading had killed no large game, but they were willing to 
go with the sheriff if necessary. It appeared, however, that the encamped l)ody 
consisted of two small l)ands, "one led by Brown and another by Charley Smith, a 
mixed blood, said to have been educated at Carlisle. Smith was absent at the 
moment, and his followers asked for a postponement of further proceedings till he 
returned. 



SKU'X INDIANS (»F PINK UlIXiK A(JKNtY, S. DAK. 29 

Presently Smith lame in, apparently from a hunting' expedition. Some <jf the 
members <>f the jiosse assert that he ha<l the eareass <it an antt-lojie tlirown acmss his 
horse, thouirh on that i>oint aceonnts differ. .\t any rate, Miller served him with a 
warrant, whicli Smith resented. dfelarin<: that he knew tlie sheriff's ri^dits and his 
own; that his hand had not been in Weston ("onnty at all, and ln'iice had not killed 
any <;ame there, and that the slieriff of Weston County had no authority to serve a 
warrant in Converse County. After some words the sheriff trit'd to ^'et the Indians 
to p> with him. A line was formed for tin- trail, the Indians iroinjr ahead. Miller 
believed that the whole lot would submit and <:o aloiij.' now; and when they took a 
start in the wronjr direction he rode ahead and urjri'd tlie leaclers to face toward .New- 
ca.'itle. Smith, however, rode ahead also and tolil them not to obey the sheriff; so 
they continued in the direction in which they had starte<l — away from Newcastle. 

Miller ami his ])osse — which, by the liy. is sai<l to have been made up laryrely of 
cowboys and bartenders — fell back and hehl a council of war. They made up their 
minds they must have reinforcements. So they drafted in a few settlers whom they 
found here ami there, and set out afresh. They cau<,'ht up with the Indians, who 
were moving slowly along the highway, impeded by their wagonloads of camp 
equiitment, and by their women and children; the j)osse got into a comnuuuling 
position and ordered the Indians to halt and surrender. In the excitement that 
followed somebody tired a shot — the accounts tlo not agree as to who it was. That 
was the signal for a fusilade from both sides, lasting only about three miiuites. Hut 
this was long enough for killing four Indians, including Smith, and a boy only 
twelve years old; wounding two others, an old man and a woman, and killing the 
sheriff and one of his posse. The Indian line broke and fleil, the wagon train in one 
direction and the horsemen in another. No attempt was made by the posse to arrest 
any of the fugitives. Nine male Imlians of the scattered party were arrested several 
days later in another place; but when arraigned on a charge of imn-der, the court 
found no evidence on which to hold them, and they were discharged. 

This is a sorry story, but it is entirely typical of conditions in the frontier country. 
It is abstn-d to claim that the po.^se was organized for the arrest of Charley Smith, 
the only Indian who seems, even on the unsujiported statements of the whites, to 
have been caught with game in his possession; for Smith's pass, on which he left the 
reservation, was not dated till October 20, on which day he was in South Dakota, 
100 miles from the Wyoming border, and at the ordinary rate of travel with a wagon 
train, women, and children he could not have got his band into Wyoming before 
the 24th of the month — at least twenty-four hours after the posse had been organ- 
ized to arrest him for already killing big game in that State. 

It is fiossible, as the whites assert, that Smith was the cause of the Indians declining 
to come in with the posse, and that he was arrogant and bumptious in his way of 
jneeting the sheriff. It would not be strange, in view of his having had his training 
at Carlisle, under the management from which that institution has suffered for the 
last dozen years; but that did not justify a resort to bloodshed. The whole business 
appears to have l)een as nearly a cooked-up murder as the similar a.«sault on the Han- 
nock hunting party in 1S95. It is part of the .scheme in certain sections of the i-oun- 
try when- the people have been educated to the idea of living off the (Jovermnent 
and getting something for nothing to stir up a cpiarrel with the nearest Indians and 
then shout for troojis. If tlu' authorities at Washington can l)e deluded into the 
notion that the Indians are dangerous and induceil to garrison a fort with two or 
three ('(jnipanies of soldiers, it gives every rancher in the neighborhood a market for 
his hay, and his wood, and his beef cattle, and anything else he rai.ses that tlu- Ciov- 
ernment needs to buy. 

The statement made by Last Bear, the old Indian who was woundeil, is charac- 
teristic. "I was in the fourth watron from the front," he says. "Charley Smith 
and his wife were in the second wagon. There were 16 men and 15 wagons in our 
party. We were looking for a camping ])laci'. There was a gate. A young woman, 
IS years ol<l, was ahead and ojieni'd a gate so we could gi't to the creek. She rode 
back and told us that there was some w bite men at the creek who was going to shoot 
us. Tln' white men I'ame on with their gims pointed at us. They did not say a 
word to us and we did not .«ay a word. My little boy was on a hur.>»e. I told him 
to get off and get into the wagon with his mother, and let me have the horse. .lust 
as I got on I was shot through the back, the ball coming out in front. I then turned 
around and went west. I hold up my hand to the (ireat Father and .>-ay 1 did not 
see any Indian shoot. ( )ur iruns were packed away in the wagons. I did not have 
anything to shoot with. We had no game except small game, rabbits and jirairie 
chickens." 

The Ogalala council of Pine Ridge Indians made an investigation of the affair on 
its own account, and in its report occur these pa.«sages: 



30 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

"The Indians did not fire till they were shot at and wounded; then they com- 
menced to shoot. It seems that there were 17 men among the Indians, and if they 
had chosen to fight they could have killed the sheriff and his whole party; but it 
goes to prove that they didn't want trouble. * * * 

"We, the Indians, according to the treaties of 1868 and 1876, are willing for the 
courts to settle this matter, and hope the Indians will get a just trial. In the above 
treaties the Government provides that if any white man kills an Indian, he should 
be tried and punished, if found guilty, and we think this a good case for the Gov- 
ernment to prosecute. * * * It is specified in the treaties that the Indians would 
have the right to hunt in any of the ceded country as long as there was game in said 
country. The Government must have known, when making said treaties, that the 
ceded country would be organized into states, etc., and it was the G<jvernment's fault 
to set provisions in the above-named treaties unless these provisions were lived up to." 

It takes the Indian an unconscionably long time to learn that he has no rights 
which a white man is bound to respect. 



Departmext of the Interior, 
United States Indian Service, 
Pine Ridge Agency, S. Dak., December 21, 1903. 
Sir: I have the honor to transmit herewith for your consideration a copy of inves- 
tigation made by Hon. Timothy F. Burke, United States attorney for the district of 
Wj'oming, in regard to the late Indian trouljle in Wyoming, in so far as the Indian 
side of the question is shown in his investigation of the whole matter, as ordered l)y 
the Department of Justice. After the trial of our Indians in Wyoming, I urged ]\Ir. 
Burke to come to the reservation and secure the evidence of the Indians who were 
mixed up in the trouble. This he has done. I presume he will submit the result of 
investigation to his Department in the near future. Your attention is especially called 
to \\\e testimony of Hope Clear and her mother, ]\lrs. Gray Bear (pp. 57-65), wife 
and daughter of Gray Bear, who was killed l)y the sheriff's party. Hope Clear talks 
fairly good English, is quite an intelligent Indian girl, was in the thickest of the 
trouble from start to finish and gives what United States attorney Burke thinks a 
truthful statement of just how the trouble began and who were to blame. During 
the trial at Douglas, Mr. Burke had all the evidence given Ijy sheriff's posse taken 
down in shorthand. I presume this evidence will be sumbitted with his report. 
Very respectfully, 

John E. Brennan, 
United States Indian Agent. 
The Commissioner of Indian Affairs, 

Washington, D. C. 



Statement nf John R. Brennan, United States Lidian Agent. 

Pine Ridge Agency, S. Dak., Novemljer 2S, 1903. 

John R. Brennan, being first duly sworn, deposes and says: 

(Questions by Timothy F. Burke, United States attorney for the district of Wyo- 
ming.) 

Q. What, if any, official position do you hold under the (Government? — A. United 
States Indian agent. Pine Ridge Agency. 

Q. What do you know, Mr. Brennan, of two companies of Indians leaving the 
re.servation of which you have charge, the one in September and the other in Octo- 
ber, the one headed by a man by the name of Smith and the other l\v a man by the 
name of Brown, and state fully how they came to leave your reservation? — A. On 
September 30, 1903, I issued a permit for a period of sixty days to William Brown 
and party to be absent from the reservation for the purpose of visiting the Black Hills 
and vicinity, and for the pur2>ose of gathering herl^s, roots, and l^erries. It was 
understood when I issued the permit to Brown that he would leave the reservation 
about October 15, as soon as the party was at liberty to go. This party was com- 
posed of mostly old people. Again, on October 20, 1903, 1 granted a permit to Charley 
Smith and a small party to visit outside of the reservation, in the Black Hills and 
vicinity, for the purpose of gathering herbs, roots, and berries. 

il. Have you copies of those permits? If so, produce them. 

(Witness here produces copies of ]>ermits, which are so identified and are attached 
hereto, denominated, respectively, Exhibits No. 1 and No. 2. ) 



SlorX INDIANS OF PINK KIDtJK A(iKN(V. >. DAK. 81 

Q. Yon may statu wlietliiT or nut tin- iiiili\ iiluals wlio wvn- iK-riiiitted t<> li*avf tlu' 
re.<tMvation art' cdrroctly iiaiiu'il in tlii'Sf i>i'rinit.s. — A. Yi-s; tlii'V are currect. 

Q. You may statu, if you kiinw, if these peoide named in these permit.^ all went or 
not. — X. I loulil not say as to that. 1 know from information jjathere<l afterwards 
that a lariie portion of them went. 

(i- What i.s your knowle<l;ie a.s to — if any more went withont i>eriiiission'.' — .\. I 
don't know that anyone went except those who had passes. 

(i. Wliat is the fai-t as to wliether or not it has been customary to leave the reser- 
vation on similar permits, for the purposes named in the jjermits No. 1 and No. 2? — 
A. It ha'^ always heen customary, as lou'r as 1 have ht'en here. to<;rant permits alxjut 
that time of year to visit other reservations and to visit outside ot their own reserva- 
tion for the purpose of visitiui: their friends and for the purpo.^^es named in tlio.se 
j)ermits. 

Q. State fully what, if any, knowle<l<;e you had of any intention of any of these 
Indians named of ^roin^r to Wyondn^ for the purpo.^^e of huntinn. — A. 1 have no 
knowledjre whateverof any intention on the part of the Indians to {jo to Wyomiiijg 
to hunt; furthermore 1 made it a special point to caution all Indians <_'oin>^ throuirh 
Wyoming and Montana not to liunt while on their tri|>, and if they wante<l to hunt 
the jiroper course was toiret a pennit from the proper otiicers. 

(I. Wi're you personally ac(|uainteil with this man Smith to wh(»m tin- permit 
was irranted? — A. 1 was. 

C^. What was his knowledjire and understandin^r of the Knjrlish lanjiuaf^e, and what 
was his ahility to conduct a party under the law.s of the State? — A. He talked the 
Knjrlish lanjjfuajre fairly well. As to his understandinf;; of the lan^'uajre, I can not 
,-tate. He had always lived on this reservation since his return from school at Car- 
lisle, and had very little intercour.se with whites; and, in my oi»inion, didn't know 
very unich in rcL'ard to the customs and laws p^verning States, counties, and cities. 

(i. .\nd what is true a.-^ to the man P>rown to whom you yrranted a permit? — A. 
The same statement would ai)ply to Brown. 

il. What was true as to the.<e other Indians named in the two |»ermits in this 
resjtect'.' — A. Outside of Brown's wife and Smith's wife and one Indian girl named 
Clear, I don't know of any others who talke(l Knglish or understood it. 

Q. Were you at home on the reservation duriiiir tiic niontii of October and 
November'? — A. Yes. 

(I. When, if at all, did you hear of any trouble hajipeninir to either or both of 
these jiarties in the State of Wyonun":'.' — A. On November 1, 1903, I received a tele- 
gram from Nichols, ileputy sheriff of Weston County, which read: 

" Your Indians fatally woinuled our sheriff ami killed one man yesterday. Have 
some Indians under arrest here. Please come at once. Three Indians killed. 

"Nk'iioijs, Depulij Slurif.'' 

This telegram was dated November 1, 1003. On Novendter 2, 1003, I received a 
second telegram from Newcastle, Wyo.. dated November 2, reading as follows: 

"Sheriff .Miller and deputy attemjjted to arrest Indians on IJirhtning Creek. 
Indians tired, killing sheriff and 1 ileputy; light ensued. About 2<t Imlians have 
U^en killed and posse pursuing more. Have some Indians here. AVould like to 
have you come and take them. ISIore trouble expected. 

"A. M. Nichols, Jkpuli/ ,Slii rij)'.'" 

Immediately after receiving these telegrams, I telegrapheil the Indian Dei)artment 
the contents of these telegrams received from Newca.^tle, and asking in.«tructions as 
to whether I should go to Wyoming with an inter|)reter. The Conunissioner repli»'<l 
to take an interpreter and go to Newcastle. 1 left the agency at 10 o'clock that 
night for the railroatl; that is, on the 2d. 

il. Proceed, Mr. Brennan, if you will, and state as briefly as possible, when vou 
reached Wyoming, as to what you a.scertaini'<I and did as to the matter in haiul. — 
A. I reached Newcastle on the afternoon of the 4th, and there I found a jjarty of 
old Indians — men and women — to the innnber of 0, who had been arrested by 
tiie sheriff about the 23d of < )ctober. They had been held there from October 23 t<i 
Novendter 4 without comi)laint or jirocess. On learning the condition of affairs I 
demanded their reh-a.-^e. After a conferenci' with the coinity otiicers and other otii- 
cers there, thiy agreed to turn this party of Indians over to me; and they were 
turne<l over on the morning of the nth. I immediately started tlu-m for home. 
These Indians, however, were not of tlu' Snuth or Brown parties, nor connected 
with them in any way. They were on their return from a visit with some of their 
friends at the C'row Agency. Five of the i>arty were between the ages of 65 and SO 
years. 

l^ What then, if anything, did you do in resj)ect to the Brown and Smith i)ar- 
ties'.' — A. I made an invi-stigation, so far as I could with the limited time at mv dis- 



32 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

posal, a full report of which has been submitted to the Indian Department. When 
at Newcastle, on the evening of the 4th, I was informed that a party of 9 Indians, 
supposed to be a part of the Smith and Brown parties engaged with the sheriff, were 
arrested in Edgemont, S. Dak. I immediately took train for Edgemont. Inter- 
viewed these 9 Indians under arrest, became satisfied that they were innocent of the 
charge of murder, and demanded of the governor of Wyoming their release, which 
demand was refused. These 9 Indians were afterwards turned over to the sheriff of 
Converse County, charged with the murder of Sheriff Miller, and taken to Douglas, 
Wyo. I was present at their preliminary hearing, which resulted in their being dis- 
charged, and my returning them to their homes on the reservation. 

Q. Mr. Brennan, had you been informed of any of your Indians violating the laws 
of the State of Wyoming? If so, what would have been your duty, and what would 
have been your course? — A. My duty would have been to at once take notice of the 
notification and immediately taken steps for the return of the Indians to the reserva- 
tion, which I would have undoubtedly done, by sending two or three police to bring 
them home. 

Q. Did you receive any other notification other than those telegrams already 
referred to by you and embraced in your testimony? — A. No, sir. 

Q. If there is any other matter you desire to state in connection with this matter, 
you may do so here. — A. In connection wath the release of those parties I found in 
New Castle under arrest, and for the purpose of showing that the Indians, to a cer- 
tain extent, were persecuted — on the release of these people the chairman of the 
board of county commissioners of Weston County signed and handed me a state- 
ment to the effect that these Indians had not violated any of the laws of the State; 
that there were no charges against them, and that they were peaceable, and in that 
statement they requested the people of Wyoming to treat them kindly on their way 
home. This written statement I have already suV>mitted to my Department. 

John R. Brennan, 
United States Indian Agent. 

Subscribed and sworn to before me this 28th day of November, 1903. 
[seal.] F. E. McIntyre, 

Nofari/ Public, Shannon Counlij, S. Dak. 
(My term expires November 8, 1905.) 



Statement of He Crow. 

Pine Ridge Ac;ency, S. Dak., 

Nocemher 30, 1903. 
He Crow, being first duly sworn, desposes and says: 

(Questions by Timothy F. Burke, United States attorney for the district of 
AVyoming. ) 

Q. State your name. — A. He Crow. 

Q. How old are you? — A. Sixty-six. 

Q. You are an Oglala Sioux? — A. Yes. 

Q. Living on Pine Ridge Reservation? — A. Yes. 

Q. Did you go to Wyoming in October? — A. Yes. 

Q. Whose party did'you go with? — A. With William Brown's party. 

Q. Did your wife go with you? — A. Yes. 

Q. Any children? — A. No. 

Q. How did you go; in your own wagon or with someone else? — A. I went in 
my own wagon. 

Q. What did you go for? — A. That fellow said he had a pass. He wanted me to 
go with him to get some medicine — herbs, roots, and berries. 

Q. What did you want the herbs for? — A. You take the Indians, they have cer- 
tain kinds of I'cjots that we have to go away to get. We take those roots and make 
tea out of them and drink it for some sicknesses. 

Q. Are you in the habit of going every year? — A. No. 

Q. Not every year? — A. No; this is my first trip. 

Q. Are some of the Indians in the habit of going every year? — A. Yes; they go 
up there every year after those herbs. 

il. Did you take your gun with you? — A. Yes. 

Q. Why? — A. I took my shotgun. In case we ran across any prairie dogs or prairie 
chickens I would take a shot at them. 



SI(»rX INDIAN'S OK {'INK KIIXJE AiiKNCV. >-. I>AK. 88 

<2. S.imeof them took their rilli-s. cli.l tht-v not? — A. They may liave lia«l irims, 
liut 1 don't know. 1 know I inul om-. 

<^ I)i<l yon shoot any antelope or deer".' — A. No. 

(}. Dill some of the party shoot any elk or deer or antelo])e? — A. I will answer 
that (|uestion in this way: I ilidn't see any of the Indians shoot any •ranu-, hnt I saw 
siHiie of the white men have deer meat, and son)e of the Indians wonM yo tliere and 
trade tlii-ir hiankets and l)eadwork for this deer meat, as well as sheep meat, wiiit h 
they l>on;rht from tiie cattle and sheep men. 

(i. How many antelope ami deer hides did youeet? — .V. Of conrse I don't say how 
many hides they did bny from the white people, Imt tlu-y did hny some. I won't 
state any mimher. 

(.2- Von knew of the Indians shootin^jr deer and antelojie, diil you not? — A. I know 
of some Indians shootin'r some deer aliout two years ajro. 

C2. l)i<l they not shoot some deer this year? — A. No. 

(.}. Any antelope? — A. There is no antelope in that eoutitry. 

(2- Any elk? — A. No; I didn't .«ee any of them. 

(}. Did yon meet any white men who objected to your shooiin^' <raiiie in Wvo- 
min^'? — ^A. No one said anythiu'^ to ns. 

(2. Were yoii present when Sheriff Miller met yon and wanted yon to j;o New- 
castle with liim?— A. It was jnst liki- this: All the' old Indians eouldiiot understand 
llnjrlish. He dill all the talkin.L' with <iiie man and we diiln't know what he said. 
We jnst waited to hear. 

C2- Who was the man to whom he <lid all the talking;? — A. William Ilrown. 

<.2. IMdn't he tell you what he wanted at the time? — A. Yes. 

(2. What did he .say that Miller wanted? — A. William said he had already -riven 
himself up to that man and he wantt^d us to do that also, and we said, "Yes." 

(2. What did this man want of you? — A. He didn't say what he want(>il us for and 
he didn't show any iiapers of any kind. 

(2- ^^'hat did William <rive himself uj) for'.' — A. William said In- didn't know what 
this man wanted, hut he expected he wanted us to get out of the State of Wyoming. 

«,2- I'idn't he tell you he wanted you to go to Newcastle'.'- -A. No; he didn't sav. 

Q. Did yon go with the man'.' — A. Do you mean start off with him? 

(2- Yes. — A. No; he didn't say anything to us about going. 

(]. Why didn't you go to Newcastle with .Mr. Miller'.'— A. Of course, all I know 
about this is just what 1 heard. If he had asketl us to go to Newcastle with him, we 
woulil havi' went, but he just said he would be l)ack the next day. 

(2- Did you see the man next day? — .\. Yes. 

<2- Where did you see him next day'.' — A. Of course, white men and Imlians have 
different names for different j)laces an<l things. We met him on the creek, where 
there is a big wire fence. 

C2. When ivas it? — A. Do you mean by the sun? 

(}. Yes. — A. Of course I ihjn't know what time it was by white men's time, but 
the sun was getting low. 

<2. That was tin- first day after you met him'.' — A. Yes. 

(2. Di<l you see .Mr. .Miller and know who he was before the shooting l)egan? — .\. 
Of course we <lidn't know wlu'ther he was an otlicer or not, l)ut we thought he was 
some kind of an otlicer and we were coming along the road expecting to meet him. 

(2. Did you see Mr. .Miller and know he was the same man as the man who met 
you before tlu' shooting ccunmenced'.' — .\. Yes. 

<2. What did he say to you befitre the shooting conunenced'.'— .\. He didn't say 
anything. 

<2. Whert- were you in the Indian procession? — .A. I was in the ri>ar. I was the 
hfth man from the rear. They were all s'trung out for (piite a distance from where 
wi- wi-re. 

(2- Do you know who did the lirst shooting'.' — .\. Do you mean Indian? 

<2- Yes. — A. I didn't know who did the shooting, but I saw a girl go up to a gate 
anil then she came back, and when she came hack the shooting took place. She 
claimed that the gate was already oi)en, but I don't know myself, it is just what the 
l»eople told me. 

'2- Did you do any shooting'.' — A. .No. 

i]. Where did the lirst shot come from, the Indians or the white men?— A. The 
white men. 

O- Did you see it? — .\. I know that the whiti- men were all coming up and were 
shooting, so I just went back as fast as my horse could take me. 

<2. How far were you from the white men".' — .\. Close to three-uuarlers of a mile 
back of the tiring line. 

<2- Then yon could not j^et- who tired the lirst shot'.'— .\. 1 could fei-l the bulletH 

S. Doc. 1l>> ;^ 



J-i4 SIOUX INDIANS OF PINE RIDGK AGENCY, S. DAK. 

coming by. I can hold up my hand U> the (ireat Spirit and say tliat all the bullets 
came from the white men. 

Q. Do you know that it is against the law for an outsider, whether he is an Indian 
or a white man, to shoot game in Wyoming without a license? — A. I don't know that. 
Q. It is against the law for anyone living outside of the State to shoot any game, 
such as antelope, deer, elk, and animals of that kind, and birds, such as prairie 
chickens or other l)irds of that kind, unless he has a license from a justice of the 
peace. Will you bear that in mind and tell your friends, so they will not get into 
trouble again when thev go through ^^'voming? — A. Yes. 
Q. That is all. 

He C'kow (his x mark). 
Witnesses: 

A. M. Landman. 
F. C. Goings. 

Subscribed and sworn to before me this oOth day of November, U)0o. 
[seal.] F. p]. ^McIntvre, 

.\i)l(ii-i/ I'lih/lr, Sliaiiiinn Coitntii, S. Ihil:. 
(My term expires November S, 19().i. ) 



Stuteiiiciii of In/ii Sliic/d. 

Ikon Shield, l)eing first duly sworn, dej>oses and says: 

(Questions by Timothy F. Burke, United States attorney for the district of 
Wyoming. ) 

Q. State your name. — A. Iron Shield. 

Q. How old are you? — A. Fifty-one years old. 

Q. You are an Oglala Sioux? — A. Yes. 

Q. Living on Pine Ridge Agency? — A. Yes. 

Q. Did you go to Wyoming last month? — A. Yes. 

Q. What for? — A. I am an Indian doctor, and I went uji to gt't some roots and 
herbs for my patients down here. 

II. Who dill you go with? — A. Tliere was (piite a few of us. 

Q. Who was the head of the party? — A. William lirown. 

Q. Did vou meet any other ])arty in Wvoming? — \. Yes; we met anotluT i)artv. 

(I Whose party?— A. Charlie Smith's. ' 

Q. Did you do any hunting there? — A. We took some shots at prairie dogs, prairie 
chickens, and rabbits. 

Q. How many elk did you shoot, and antelojie? — A. We didn't shoot any. 

Q. Did any of the party shoot any antelope? — A. No; I don't know of any. 

Q. Did you have any antelojie hides or meat? — A. Yes; we bought that from the 
men up there. 

tl. Hon much did you buy? — A. Take it up there, the country is pretty well settled, 
and I don't know how many they kille<l; t)ut the Indians traded their blankets and 
beadwork for the hides and meat. 

Q. How many hides did your party get? — A. 1 didn't ask them, and I don't know. 

Q. Did you go in your own wagon? — A. Yes. 

Q. How many hides and how much meat did you have? H(nv nmch did you have 
when you started home? — A. We only had one skin and the meat of one cured. 
That is the only one we l)ought. 

(}. Who did you buy it of? — A. 1 don't know. 

Q. Did you see Mr. Miller, the sheriff of Weston County, ami three or four men 
on tlie day before the shooting? — A. Yes. 

(.^ What did they want? — ^A. I didn't understand what he wanted. I can't under- 
stand iMiglish. 

Q. Di<ln't William Brown explain it to you? — A. I didn't know w hat tliose men 
told William, because William didn't tell me anything about it. 

il. Didn't they tell you that they wanted you to go to Newcastle? — A. I don't 
want to tell a lie. They didn't tell him that they wanted him to go to Newcastle. 

(^ Didn't tliey try to turn you onto the Newcastle road? — A. I was one of the 
men in the rear, s(j 1 didn't see what took place in the wagons ahead of me. 

(^ Did you know what INIiller was there for? — A. 1 was acting as the horse ranger 
lor the whole party, so 1 didn't see nmch of tliose men and didn't know nmch about 
them. I didn't know who he was. 

(.2. Did the Indians throw anv dirt in the air? — A. No; 1 didn't see anybody do it. 



SlorX' INDIANS (•!• IMNK KIIKiK AiiKNCV. S. DAK. .Sf) 

<^ What w.iul.l it ini-aii if tlicv .li.l.' — A. As lonir :i> I .liiln't sec aiivlMnlv .1.. il. I 
van't tell. 

<^ Is it any siy:ii aiiiniii: tin- Imliaiis'.' — A. .\<.t as I kiiuw i>f. I <li<ln't stv any <ii 
tlu- Intliaiis <l<i it. 

<2. l>i<l yon si'f Miller ..r any <>!' liis men tlic m-xt ilay? — .\. IW-furc tiicy cuni- 
inen(v<l tirinf:'.' 

<i. Ye.<. — A. No: 1 didn't .sei- anynni-. 

i}. Wlieri' wi're you wIkmi tlu- liriiiir cnniiiu'nri'd? — .\. I>(> von mean in the Indian 
tiaii)? 

Q. Yt'S. — A. I \\:i.-i about in tlu- iniddK- of tlu' train. 

(]. Who tiretl the first shot? — A. The white men were the ones that did tiicshoot- 
int'. Tht' Indians didn't do any shootinjx at all. 

<^ They slmt aftei- the white men shot, diil they not".' — .\. The ininuti- tlie firin;: 
started 1 pulled niv team aronnd ami started up the roail. 1 didn't see anv Indians 
>hoot. 

(I. l>id yon see where lllark Kettle was'.' — A. 1 was way in front of the train. 

(}. How did you know that tiie white men started the shootinir? — A. The wliite 
men came down into the ereek liottom, and then there was one shot lirecl; then the 
tiring l)eraine general. 

<l. Did yon know who they were'.' — .\. Tlu-y was in this hollow, so we ronldn't 
see well. 

*l. Do you know if tiiey were the same men you met tiie day before'.' — \. 1 don't 
know. 

(^. Didn't the white men say something' before they shot'.' — .\. No. 

i]. Didn't a white man hold nj" his hand and tell vou ti> stop? — .\. 1 didn't .see 
that. 

<2. How many hides did you ha\e in tiie entire jiarty tliat you i:ot in Wyomiuj;'.' — 
-\. I expert they had two or three all the way round. Alxmt that. 

• ^ Where were you jroinjr when you met^Ir. .Miller and his jnirty tlie lirst day? — 
.\. We were on our way home. 

<^. Did you pet your hor.ses'.' — A. Yee. 

*}. How far <lid you travel from the time you saw Mr. Miller au<l his party until 
yon met the j)arty that shot at you the next day".* — A. I am an Indian, and don't 
know anythin>.' about miles. 

^^ How lontr diil you travel l)etween those two times? Did you travel all ni<;ht'.' — 
.\. We traveled from the time the white men came to our camp the uijfht before. 
\\'i' didn't travel all ni>rht. The time we first saw those white men we made a short 
eamp and then traveled the next day. We were ju.<t ready to jio into camp atrain 
when tho.<e fellows took a shot at us. 

^^ You understand that it is ajrainst the law of Wyoming: for an outsider, whether 
he is an Indian or a white man. to jro into that State and shoot <leer. autel<ipt'. or 
any other larire pame, without lirst jri'ttiuj: a license? Will you bear that in mind 
ami tell your friends about it so tlu-y won't <ret into trouble when they <:o to Wvo- 
min<r airain'.' — A. Yes. 

• ^ Is there auythinL' niore you wi-li to <tate almut this triji? — .\. No. 

Ikon Smiki.I) ( his x mark ). 
Witne.sses: 

A. M. L.WDM.w, 

F. C. (JoiNfJS. 

Subscribed and sworn to before me this .'Juth da\ of Novendier. UH)."!. 
[sKAi..] F. K. M( Intvuk. 

Xnl'iri/ l'iil,r,r, Slininin)! Coimh/. S. [). 

iMy term expires Novend)erS. 1!)().'). ) 



siuh iiniii 'if Willi, /•;//.•. 

WniTK Fi.K. beim.' first duly sworn, ileposes and says: 

(<2"»'^ti"U-' by Timothx- !•". I'.nrke. Inited States attorne\ I'or tlii' district of Wyo- 
ming:. ) 

<^ What is your name and aye? — \. White Klk: 'lO years old. 

'^ You are a member of the ()j.dala Sioux tribe, livinjr on I'iuc i;id_'e Keserva- 
tion?— A. Yes. 

<i. .\re you one of the jiarty who went with William I'mwu intu Wyoming' last 
< 'ctober? — A. Yes. 



36 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. What did you go there for? — A. I went up there to dig some roots and get some 
herbs. 

Q. Did you go to get some deer meat and hides? — A. I got some rablnts, prairie 
dogs, and prairie chickens. 

Q. Dithi't you get some antelope and deer? — A. No. 

Q. Didn't vou get anv anteloi)e or deer, any antelope hides or deer hides? — A. 
Yes. 

Q. How many did you get? — A. Just myseh? 

Q. Yes. — A. I bought three in all. 

Q. And the meat? — A. Yes; I bought that. 

Q. Did you go in your own wagon? — A. Yes. 

Q. How many hides did you have in your wagon when you left it? — A. 1 left them 
in the wagon where I left it. 

Q. How many hides? — A. I bought 3 deerskins and 2 steer hides. All the tiuck- 
skin and hides I had was marked. 

Q. Did you get the meat from the steers as well as the deer? — A. I didn't buy the 
meat, just the hides, and they have the brands on them yet. 

Q. Why did you buy the steer and deer hides? — A. We take them and tan them 
and then make anything we choose out of them. We take what we want and we 
also sell it to other parties here. 

Q. Did the Indians shoot anv antelope? — A. No. 

Q. Bought them all?— A. Yes. 

Q. How many hides did the other Indians buy an<l how many antelop"? — A. I 
don't know how many they had. I stayed at my lodge all the time. 

Q. Were you there when Sheriff ^liller came and 6 other men? — A. I saw them 
in the distance. I didn't go near them. 

Q. Did you know why he was there? — A. I didn't know. 

Q. Did you find out afterwards that he was the sheriff? — A. No. 

Q. Did you see ]\Iilier trying to head the party toward Newcastle? — A. I didn't 
know anything al)out that. 

Q. Was you present next day when the shooting took place? — A. Yes. 

Q. Where were you when it commenced? — A. There were some wagons ahead of 
me. I was about in the middle of the train. 

Q. Did you see the white men before the shooting took place? — A. Do you mean 
the first time? 

Q. The day the shooting commenced. — A. No; I didn't see them. 

Q. Did you know that they were the same men that came to see you the day 
before? — A. I didn't take any notice of them, so I could not say. 

Q. Did they say anything to you? — A. Do you mean at the time the shooting took 
place? 

Q. Yes. — A. I was away hack. I could not tell anything or see anything. 

Q. Who did the first shooting?- — A. The white men did the first shooting. 

Q. Did they say anything before they shot? — A. I didn't hear anj'thing. 

Q. Where were Smith and Brown? — A. I didn't take any notit-e of where they 
were. 

Q. What did you do when the shooting commenced? — A. Just the minute the 
shooting began, the bullets began to come pretty close, so I turned my team around 
and took back the road. 

Q. Did you have your wife and children? — A. Yes. 

Q. How many were there of you? — A. There were three of us. 

Q. How many were there in the whole party? — A. There were over twenty in the 
crowd. I am not sure; I can't think of all their names just now. 

Q. It is against the law of the State of Wyoming for anyone living outside of the 
State to shoot game, sui-h as antelope, elk, deer, etc., in that State without license. 
Will you bear that in mind and tell your friends and acquaintances so they will be 
careful the next time they go to Wyoming and not get into trouble? Under the 
game laws of Wyoming it is unlawful to kill more than two deer, even when holding 
a license. It is unlawful for anyone shooting them to sell them. It is uidawful for 
any person to obtain by trade or barter any green hides. So you must be careful 
when you are traveling in Wyoming to follow those game laws and then you will not 
get into trouble. 

White Kr.K (his x mark). 

Witnesses: 

A. M. Landman. 
F. C. GoiN(;s. 

Subscribed and sworn to before me this 30tli day of November, 1903. 

[seal.] F. E. McIntyre, 

Nobiry J'uhUc, Shannon County/, S. Dal: 

(My term expires November 8, 190o. ) 



SIOIX INDIANS i>y I'INK KlIXiK AiJKNCV. S. DAK. .U 

tSiuteiuctit iif liifj Pail, I. 

Kei) Paint, l»einjr Hrst duly suoiii, deposes and says: 

( (^lU'stioiis hy Timothy F. I5uiki\ Tniti'd Stat«'H attorney for tlio ilistrict i>l Wyo- 
iiiiii<r- I 

t^ Wliat is your iiaiiu'?— A. Red Paint. 

Cl. Huw I lid an* yon? — A. Forty-nix. 

«^. Did yon <ro to Wyominjr last month w ith \\'illiani liniwn's party? — \. Yes. 

(2- Did you have yonr wife and chiMren alon;: with you? — A. N<>: 1 have a wife 
and tliree children, but I left them at home. 

1^. Did you jro in your wa^on or with some one else? — .\. Went in my own wa^ron. 

'^ What did \i}\\ \n\ to Wyominji tor? — A. William j;ot a pass and lu- wanted me 
to •_'(! to Wyoming with him to <.'et some roots. 

<^ Did yon do any hmitinjr forantelo]K' while up there? — .\. I have been up iti 
the country l>efore and I have seen tho.se parties up there jro out and >ret <leer. 

(2- Did you jro U|> there to <:et some antelope or deer? — A. As for myself. I killtMl 
some |)rairie dogs and some prairie chiikens. 

<^ How many antelope? — A. Some of tho.«e white men used to i)ack ileer to us 
whole an<l sell it to us. 1 eoidd not tell their names, because I ilon't speak anv 
Kn-lish. 

<2. What <lid you buy them witli?— .V. We traded moccasins, beailwork, and 
blankets for them. 

<,>. How many anti'lope did the Indians shoot? — \. We diiln't take any notice of 
them. 

<^ Didn't yon shoot more than one? — A. 1 told you I di<ln't shoot any. I just 
l>ou<.dit mine. You are my friend, and I would have told you if I killed any. 

• 2. How many did yoii buy? — \. Two. P>nt 1 coul<l not tell the name of tlie white 
man, because I don't talk Knglish. 

• ^ How many hides did the Indians get all told? — A. T did not goaround to many 
of till' wagons, so I could not say. 

1^. How many did yon have in your wagon? — A. 1 hail six hides in my wagon. 

(J. Did the other wagons have about the same? — \. 1 will ju.st make a gue.«s that 
the others lunl about the same. 

1 2. How many wagons were there? — A. Fifteen. 

<2. Were you there when Sheriff Miller and his party came to youi- camp tin- day 
before the shooting took place? — \. We were in camp when ."'even white men came, 
and I saw tlii'in after they came to our camp. Because I coul<l not talk any Knglish 
I stayed back where my i-anip was. 

• ^ Difln't William Prown or Charlie Smitli tell yon what tlu-y wanted? — \. As for 
myself, I didn't hear anything. 

<^ Didn't yon know what was wanted? — .\. No; 1 didn't know. 

<2- Were yon not the guidi- of thi- party? — A. Yes; I wa.s the guide. 

<2. When you started away, you were at the head of the jiroce.ssion'.' — \. No. 

<J. Didn't Miller want you togo up the road to Newcastle? — A. Before I got to the 
forks of the road, I saw a man on horseback. He made some motions to me. l)ut what 
lie wanted to say I don't know. 

<^ You ilidn't take your party on the road to NewcastU- then'.' — .\. I stayed there 
iiiitil some of the wagons in bai-k came up. They were talking, but 1 didn't nnder- 
tand what they .saitl. 

<^ Didn't Brown or Smith tell you what they were talking about? — .\. No; they 
never said a word to me. 

<^ Difln't they tell you to take the road to Newcastle or the road to iiome'.' — \. No. 
I didn't understand anything of that kiml. 

<^ Was you pre.«ent the next day when the shooting ttiok jilace? — A. Yes. 

<^. Where wi-re you in the procession when the shooting comnu-nced".' — .\. 1 am 
not <|nite sure. I must have been about the seventh from the front. We ilidn'l 
exjiect any troul)le. 

• ^ Did you know it was Mr. MilliT and the party yon met the day before? \. I 
didn't know that Miller or any of the other men were there. 1 didn't know whether 
he was in that gang or not. 

<^ What did he .-^ay when he saw vou? — A. I didn't hear him .•^ay anything. 

<^ Didn't he hold nji his hand ami tell you to stop? — A. No. 

<^ Didn't he tell yon he was the sheriff and had a warrant forsoii? — .\. No. I 
didn't hear anything of that kiml. I am an Indian and don't understand. Knglish. 
If those two fellows had told ns about it we would ha\t' done different. 

<2. Did yon have your rifle with yon? \. I had an accident with my '_mn. Tin- 
wairon ran over it and it wouldn't load, so I left it in the wagon. 

<,». Who lired the tirst shot".'— .\. The white men fired the tirst shot. 



38 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. How do you know that? — A. The way I know the white men tired the first 
shot is because we saw them. They came down to a little creek and got off their 
horses and began to shoot. We were not expecting these men to shoot, so we all 
took back to the IkjUow. There was no one stood their ground, as I could see. 

Q. Where were Brown and Smith? — A. I didn't take any notice. All I was trying 
to do was to get away from those bullets. 

Q. Wasn't the tirst shot fired from the corral close to the I'oad? — A. No; there 
were not any Indians there. They were all in their wagons. All the Indians were- 
in the road and they had no object in going there. 

Q. Did you see Black Kettle? — A. No; I didn't see Black Kettle. 

Q. How many shots were fired, all told? — A. They were shooting too fast for any- 
one to count, especially when we were trying to get away. There wasn't a man 
there could count the shots. 

Q. Did you do any shooting? — A. T told you my gun was broken. 1 didn't go 
armed then. I threw away my gun, and after we got down int(j the hollow another 
fellow gave me his gun. 

Q. Did you shoot? — A. No. That was after we got back to the hollow. 

Q. Now it is against the law of the State of Wyoming for any outsiiler, whether 
he be white man or Indian, to hunt for and shoot antelope, <leer, elk, or any kind 
of large game without a license. Will you tell your friends that, so that when they 
go through Wyoming again thev will not get into trou))le over shooting trame? — A. 
Yes. 

Q. Did any of your party have a license to lumt? — A. No. 

IvED Paint (his x mark). 

Witnesses: 

A. M. Laxdm.w. 
F. C. Goixos. 

Sul)scribed and sworn to before me this ;Ulth day of ,\ovem))er, 1903. 
[seal.] F. E. McIntyke, 

Xniiini I'liliVic, SJntiiiioit ( 'dinitij, S. l>(i/:., 
(My term expires November 8, 1905.) 



Sta(i'i)ie))t of Da rid Ih-oken Noi^e. 

D.AViD Broken Nose, being tirst iluly sworn, deposes and says: 

(Questions by Timothy F. Burke, United States attorney for the district of 
Wyoming. ) 

Q. What is your name and age? — A. David Broken Xose; 82 years old. 

Q. You are an Oglala Sioux, living on Pine Ridge Reservation?— A. Yes. 

(I. Did you go to Wyominglast month with William Brown and his party? — A. Yes. 

(I. What did you go for? — A. William got a pass and asked me if I wanted to gO' 
with him. I said all right, I would go with him. 

Q. What was he going for?— A. He asked me to go up with him to get some roots 
and herbs, and we could get some prairie dogs and chickens and sheep meat. When 
I went back Fast with the show I saw tlie white people. I wanted to live like the 
white men, so I came ))ack and joined the i)oHce force. I was on the force for four 
years. I want to abide by the laws of the white men. That is why I try to dress 
like a white man and keep my hair short. I always try to follow the white man's 
advice. I have always tried to al)ide by the agt^nt's instructions, and I have chil- 
dren scattered around at the schools. But I met some white j)eople aliove here who 
were not my friends. It is just the same as if they slai)ped me in tlie face, the way 
they treated me uj) there. 

Q. The autliorities in Washington want to know just what occurred in Wyoming 
and just what they did to you while there. Were you present when Sheriff Miller 
and some men came to your camji, the day before the shooting took place? — .\. Yes. 

Q. What did Sheriff Miller and his men want? Did you find out? — A. I didn't 
understand. I can tell everything just how the thing took place. I have had it in 
my mind all the time. You have come hear to hear it and I will tell you just how 
it hajjpened. There were seven men there. They didn't have any guns. They 
scattered themselves among the camps. They had their meal at William Brown's- 
l)lace, and they were iilaying with the boys. The boys had some l)ows and arrows,, 
and the men were helping the boys shoot the bows and arrows and i)laying with 
them. 1 was cam})ed quite a ways from Cliarhe Smith and I saw all those men 
standing around the fire. So 1 made up my mind to go over and find out what they 



Slnrx INDIANS dl" I'INK KllXiK AiJKNCV. >. I>AK. .")^> 

were talking al)<>iit. .lust as I irot tn wlu-n' tlu-y were tlicy tmik dnwn the leiit ami 
started til move. So I went back t<> caiiiii ami pnlle'l <lci\vii my tciit. I was in the 
luidille nf tile train. Tlmse men I'nilowt'd ri^:lit alnnir with ns, and altera while tliey 
left ns. 

(I. !)i<l they tell Smith tiu'y were there with a warrant an<l wanted yon to "_'n to 
Newcastle? — A. ("harlie Smith didn't say a word to me. 

(^ Pidnt William llrown tell yon?— .V. No. in don't nnderstand iln'^disli, s.. I 
.ion't know wiiat either of them were taikinjr al)onI. 

'l i)idnt tiiey iiav«' a i>a]>er? — A. No. i <iidn't s»-e it. 

^^ i>i<ln't tiiey try to iicad yon off onto tlie mad to Newcastle?— .V. No. Ail the 
otlnT waL'ons were ahead, i was in liie middle and don't know what took place 
np in front. 

(^ Wiien Miller came was Sndth tiicre'.' — .\. The wiiite men were tliere, liefore 
(iiariie came l>ack. Ciiariie was ont to lind liors»'s. The men waited nntil C'liarlie 
came l)ack. 

i^. Hid Charlie iiavc antelope on his saddle? — .V. I can not say, liecanse he wa.s 
ont of my siiriit. i was camjieil ahont iiaif a mile from his camp. 

<2. How many anteloiH' did tiie Indians shoot wiiiie in Wyoming? — .\. i don't 
know. 

• ^ hid tiiey siioot any'.' — A. I ilon't know an\tliinir ahont that. 'I'licy kill.-il -ouie 
jiiairie do>rs and prairie chickens, ami 1 did tlie same tliiiii.'. 

<2. Did von hnv any meat or liide.s".' — A. I di<ln't hny any myself. 

(J. J)id "the otliers".'— A. Yes. Tiiey told me tliey Ixjnjjht it. I didn't >ec tiiem 
l»rin<r it. There were a lot of sheej) men and cowl)oys. and tiiey ^ot it and tr«<led 
with us. 

«2. How many iiides did you iiave in your wagon? — .\. I told yon I didn't l)ny 
anytiiiu};. 

<^ Di'l von notice any hides in the wagons of the other Indians'.' — A. Yes. 1 saw 
<(«iue. Of Course. I eould not l)e able to tell where they bought those iiides. I 
didn't ask tiiem wiiere they got them. If a young man like me should ask an old 
man w here he got ills Iiides, he would tell me to mind my own business. 

<^ How many hides did yon say there were in the whole jiarfy? — .\. 1 diiln't 
count tiiem. 1 don't like to make a guess. 

(^ Were there forty or fifty of tluMii in the wiiole party? — .\. 1 sliould guess about 
tliirty. 

C^.Did Sniitli's or I'.ruwn's jiarty iiave tlie nmst hides'.' — \. Ciiariie Smitii iiad 
tlie most. 

(I. Where did you meet Ciiariie Smitii's part.\? How long l)efore tiie paity was 
met liy the sheriff ? — A. It must have been two (»r tiiree days liefore we mi>t tiiose 
seven men. 

<^. ^Vere you present when the siiooting took ])lace the next day? — \. Yes. 

<2. Wiio did the first siiooting, tlie Indians or the white men'.' — \. I have lieeii 
anxious to tell you about tiiat. 

(^ Tell ail you know and just how it occurred. — .\. We wi-re coming along tiie 
mad. It was pretty rough there and tiie men were ail driving and the women wi'ie 
walking. .Vliont noun we made cam]i and had dinner. We started after noon ami 
foiiowed tile little creek. Tiie road was pretty l)ad in some places ami we iiad a 
pretty iiard time getting along. .\t last tliere was one j>iace that was .«(> bad we had 
to double up to get the wagons out. Wv got out of tiiat linally, and when we looked 
aheail we saw tho.se in the lead going at a pretty good trot. There was a bunch of 
horses in the lead. The Indians were going down to the cro.ssing when I saw those 
wiiite men come up on iiorseiiack. Before tiie Indians <'ouiil get to the creek the 
white men got tliere (irst, ami they came up on tliis side and left tlieir horses on the 
other side of the creek, and just the minute I looked again I .saw them fhmw nji tlieir 
L'lins to lire. I saw them fire, and tiieii I tnrnol my iiorses liack and lit ont as fast 
as 1 could vri>. 

il. Wliere were yon in the procession".' — \. I was about in tlie center. .\11 tlie 
other wagons in front were jiretty well in tlie lead. The reason we were not closer 
was be<"inse some of our wais;ons got stuck. One of the young men iioliered: "Turn 
round! Turn round! Tho.st- men are going to shoot." 

<^ Who fired tiie first siiot'.'— A. Tiie white men <lid tiie lii-st siiooting, becan.se 
tiie minute tiie wiiite men siioot 1 turned my team. 1 can't see any otiier way but 
the white men ilid the first siiooting. 

• ^ I)i<i yon ilo any shooting?— .\. .No; I di<ln't shoot. We didn't expect any 
trouble from tlio.se white men, and we iiad all our guns in the iiottom of tlie wagons. 
Wi' didn't feel or dream tiiat tliej' were going to shoot us. 

<2. Did yon know that tliey were tlie same men yon met tlic da\ iiefore? — .\. It 
was too far for me to see. 



40 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. Were you expecting them?— A. No; you can just judge for yourself. If some 
one shot at you when you were not expecting any trouble, you would dig out as fast 
as you could go. 

Q. Did you leave your wagon and horses ])ack there? — A. That was tlie first time 
I was ever shot at. I w as too young to go on the warpath when the Indians used to 
go. I thought I was shot, and dreaming that I was dead and still going. I am 
scared yet. 

Q. Do you understand that it is against the laws of the State of Wyoming for any 
outsider to hunt antelope, deer, elk, and other large game, whether Indian or white 
man, unless he has a license from a justice of the peace? And will you tell your 
frie]ids, S(j that when they go through AVyoming again they will not get into trouble? — 
A. I would like to tell you another thing. Just to show you that if we wanted to 
fight the white men we had plenty of chance. AVe were going on to Hat Creek when 
we met a party of white men. They stopped us and shook hands and took us to a 
house. We Avere trying to get out the best we could. If we wanted any trouble we 
could have had it then. They took us back to Edgemont and put us in jail. 

Q. That was after you got out of Wyoming? — A. I don't know what State. 

Q. That was after the shooting? — A. Yes. 

Q. It was before you were taken to Douglas? — A. They took us down to I>dgemont, 
and from there they took us to Douglas. My wife gave birth to a child three or four 
days before the shooting took place, and she was comijcllcd to ride horseback all 
the way, after the shooting. It was very bad for her. 1 don't believe the child is 
going to live and my wife is not very much better. The child was handled very 
roughl\- on account of being on horseback. That was very bad for the child. 

D.wiD Bkoke.v Nose (his x mark). 

Witnesses: 

A. M. L.VXD.MAX, 

F. C. Goix(is. 
Subscribed and sworn to before me this 80tli day of Noveml)er, 190.'-{. 
[seal.] F. E. McIntvre, 

Xottiii/ Pithlic, SJt(ni]io}t Cuvnti/, S. Dal:. 
(My term expires November S, 1905.) 



Stdteiiu'iit of Fool Heart. 

Fool Heart, ])eing first duly sworn, deposes and says: 

(Questions l)y Timothy F. Burke, United States attorney for the district of 
Wyoming. ) 

Q. What is your name and age? — A. My name is Fool Heart. I am oS years old. 

(J. Are you" an Oglala Sioux, living on the Pine Ridge Reserve? — Yes; I am an 
Oglala Sioux. 

Q. Did you go to Wyoming in October with William Brown's i)arty? — A. Yes. 

Q. What did you go therefor? — A. As for myself, I was just going to kill some 
])rairie dogs and jirairie chickens. I had a shotgun. 

Q. Did you have a rifle? — A. Yes; I had a big rifle. 

Q. Did the other Indians have rifles? — A. Yes; they all had guns. 

Q. You went down there to hunt antelope? — A. Yes; I went down to get some 
deer. 

Q. Did you shoot au}- deer? — A. I killed two. 

Q. Did the other Inilians kill any deer or antploi)e? — \. No; there was no lilack 
tail or elk; at least I didn't see any. 

Q. Were there any antelope? — A. No. 

Q. Did you buy any antelope or deer? — A. Yes. 

il. How' many "did "the Indians buy? — A. I could not say. 

C2. Did you buy any?— A. I bought three. I had Ave in all. <iot two from tlie 
ones I killed. I bought two, and I picked one up at a sheep corral. 

Q. What did you (lo with the deer? — A. You mean the ileer skins? 

Q, Yes, and the meat?— A. We eat the meat. We tan the skins. 

(i. Don't they give you enough meat liere, so you don't have to go off to get it? — 
A. For myself 1 get enough to eat. There is only myself and wife. 

Q. Why do you go off the reservation to get ine"at?^A . As for myself, my eyes are 
not very good, and I will tell you another reason why I went U]) there. I went to 
get some roots and berries for medicine, and to get some prairie dogs and prairie 
chickens, and other small birds that fly in the air. I get those birds to make arrows 
and sell tlieni; and there is sonie kind" of dirt \\\) there that we make i>aint out of. 



Slorx INDIANS OK l'i:.-K KIIXiE AJSKNCV, S. DAK. 41 

«2- J'" yo'i kiinw it is a^'ainst tin- law of Wvtmiiiij; for an outsider to shoot dfiT or 
;inteloi)f w itliout a liceiist'? — A. I didn't kill any <lfer in Wyoniiu'r. Tiit- (K't-r I 
killed wiTf just outside of the foothills of the Bla'ek Hills. 

t^. That dui's not answer the (luestion. Do you uuili'rstainl that it is a^'aiiist the 
law to kill deer in \\'yoniin</.' — .V. As for myself. I don't understand the white men's 
law: that is why 1 killed those two. 

<2. Were you there at the time Sheriff Miller and hi- men came to your I'amp 
helore till' s'hootin<:'.'— .\. Yes. 

(^. l)i<l you know what Sheriff Miller was there foiV — \. .No; I didn't know. 

<j. Didn't William Brown or Charles Smith exjilain what they wanted? — A. I 
didn't hear anythiii'r from those two fellows. 

(}. Did they have any i)ai>ers or read any papers to Brown or .^nuth".' — .\. 1 was 
• luite a little ways from tho.^e i)eople who were talkin<; to Smith and Brown. 1 ilidn'l 
l:o up there myself, heeause I was tire<l. 

H. Were yon present when the shooting' o((urre<l the next day, and where were 
you? — .\. 1 was<|uitea ways iHiek. I was driviuir an old nude, and the mule jilayed 
out on me, and I must have heen ahout a mile hehiml the rest. 

\i. Did you see any shootin^r'.' — \. No; 1 just heard the reports. 

(J. You don't know who commenced if.' — \. While I was still in the rear the 
people rushed l»y me and sai<l, "Th«' white men are shootinjr at us."' That is all I 
know. 

t^. Did you lea\'e y(.>ur wa^on there and conu' hoine on horseiiark? -.\. 1 left my 
team. 1 had a horse ami a mule. The nude played out. 1 left the team tlieie. put 
my wife on another horse, and started home afoot. 

<2- I>id you iret your wa^'on and hides afterwanl.<' — A. .No. 

<^ What <lo you do with the hiiles when you '_^et tlu'in tiuit way? — .\. .Make moe- 
easins out of them. 

(I. Don't you jret hiiles enoutrh on tlie reservation to make moccasins? — .\. I don't 
know of there heinjr any deer around here. 

<^ Then you don't get enoujjh'.' — A. No. 

<i. It is a^rainst the law of Wyomin»r for an Indian or a white man to shoot deer, 
antelope, or any other lar>re jranie in the State w ithout a licen.«e, and it is a>iainst tin- 
law for anyone to sell any raw hides of thest- animals. Do you understand that, and 
will you tell your fric-nds, so that when they want to i^o to Wyomiuir airain they 
won't jiet into troid)le".' — .\. Yes. Can I say s<ime more? 

<2- Yes. — A. I always like to listen to the advice of the white men. a-; well as to 
the aL'ent and the ( Jreat Father. On the way hack we met some men that wanted 
<uir ^'uns. I turnefl my gun ritiht over to them. When I turne<l my ^_'un over t<t 
them I ilidn't know whether they had any ri<j;lit to take otu- uuns or not. l>ut I iiave 
up my irun heeause 1 <lidn't want to ti<rht. 

Fool. 1 1 i;AKr ( his x mark >. 

Witnesses: 

.\. ^1. J.ANDMAN. 
F. C. (iolN-.iS. 

Suhscrihed and sworn to liefoie me tliis .'Idtii <iay o;' Novend)er, IHO;!. 
[sEAi,.] F. F. MclNTVur. 

\nttiril I'nl.l'ir. Sliinilinii C, Until. S. />//.. 

< ^ly term expires .\o\cml>er s. P.lOo. i 



Stalniinit <,/ /li,/li Ihiij. 

Hit.n Do(., liein>i first <luly sworn, deposes and says: 

((Questions hy Timothy F. liurke, I'niled States attorney lor the di-tri(t of 
N\'yonuiv_'. > 

<^ What is yoiu- name and aj.'e? — .\. Ilij:li Do^r; 4S years old. 

'i- You are an ();rlala Sioux livinjr on Fine Hitlye liesi-rvation'.' — .\. Yes. 

<l. Did you go to Wyondnjr in Ocloher with William Brown's j)arty'.' — A. Yes. 

<l. What did you <jo for? — .\. 1 went there with the intention of <_'ettini: Mime 
holly leaves and roots; that is what I had in my ndnd when I left here. 

• ^ Did yon take your ;run'.' Your ri Me'.' — \. I took my ;_'un, hut I only had live 
eartrid;.''es. 

'^ Did the Indians shoot anv deer or antelope?--.\. 1 ilon't know al'out the rest 
of them. If they shot any. I don't know. 

<2. Did vou slioot anv? — A. I shot two on the little cn-ek that is calle<l Saire 
<reek. 



42 rtlOUX INDIANS OF PINE RIDGE AGPZNCY, S. DAK. 

Q. WaiJ it in AVyoming or in this State? — A. Right near this Sage C'reek, I killed 
two. 

Q. Is that in Wyoming? — A. It is this side of Wyoming. 

Q. Was it very near whei'e you saw Sheriff Miller and his men the day l)efore the 
shooting? — A. No; it was a long ways off from where we met that man. 

Q. Did you buy any deer or antelope while in Wyoming? — A. Away up there in 
the State I went to a sheep man's jilace. He had two buckskin hides on the ground, 
and I told- him I wanted those two, and he wanted me to get him some beaded moc- 
casins. So I gave him the beaded moccasins, and he gave me the deer hides and 
some meat. 

Q. Did the other Indians trade for deer hides and antelope hides and meat? — 
A. I didn't see them myself, but they told me they did. 

Q. AVereyou present when Sheriff ]\Iiller and some men came, prior to theshoDt- 
ing? — A. There were seven white men came there. I don't know why they came. 
I didn't go there myself tt) find out, liecause I am an Indian and don't understanil 
iMiglish. 

Q. I>idn't IJniwn or Smith explain what they wanted? — A. They didn't do any 
talking with William Brown. They did all the talking with CharHe Smith, and 
after they got througli Charlie Smith didn't tell us what the confereni-e was. 

Q. Was Smith there when the sheriff and his jiarty came?— A. They Itoth came to 
camp about the same time — Charlie Smith and those white. men. 

Q. Did Charlie Smith bring in an antelope on his horse? — A. No; I didn't yee him 
bring anything, but I knew he was back, because I saw his horse. 

Q. Did you hitch up and drive away after that? — A. Right after that; the word 
was passed that Charlie Smith had said that everyone should break camp and take 
to the road for home. 

Q. Didn't the sheriff and his men want you to take the road to Newcastle? — A. I 
didn't know anything about that. 

(I. Did any of the Indians throw dirt into the air? — A. No one did that. 

Q. Where did the sheriff and his party eat sujjper? — A. They ate supper at Wil- 
liam Brown's tent. His wife prepared the meal for them. 

Q. You say no one threw dirt into the air. If they should, what wtnild it mean?- — 
A. No one did that. We were all in the w^agons, and besides no Indians do that, 
because it don't mean anything. 

Q. Were you present next day when the shooting took place? — A. Yes; I was 
there. 

Q. Where were you? — A. 1 was away back in the rear. 

Q. Did you see who commenced the shooting? — A. I was away back in the ivar. 
One of my liorses Avas tender-footed. I stopped to put a piece of canvas about it. I 
was going very slow. I looked up to see where they were in front of me, and I saw 
them all coming back as tight as their horses could go. Then I began to hear 
shooting. 

Q. I want to say that it is against the law for anyone living outside of Wyoming 
to shoot antelope, ileer, elk, or any other kind of large game in that State without a 
license. It is also against the law to buy or trade for the green hides or teeth of 
these animals. Do you understand that, and will you tell your friends, so that when 
they go to AVyoming again they will not get into trouble over violating the game 
law's? — A. Yes. I want to say a few words more. After we left the wagons and 
started back we put all the women on horseback. AA'e got as far as Hat Creek, 
when there were 10 white men standing in the road. Just to show you that we were 
not out for a tight, we had all the chance in the world then, but there Avas not an 
Indian in the party wanted to tight. And we all surrendered our guns and w'ent into 
lulgemont with those fellows willing. One fellow was some kind of a headman, so 
we turned our guns over to him. I left my wagon and all my stuff liack in AVyoming. 

0. Did you get your wagon back? — A. I got my wagon back, but I did not get any 
of the other stuff, at least they could not find it. 

Hi(in (his X mark) Dog. 

AVitnesses: 

A. M. L.\NI)M.\N. 

F. C. GoiX(is. 
Subscribed and sworn to before me this r5()th day of Xovend)er, 190o. 

[SKAL.] F. E. McIXTVRE, 



CSly term cxinre^ Xoveiidier S, 1905.) 



Xntnrij I'liblic, SJmnnon (biiiit;/, >S. D(d: 



Simx INDIANS *n' IMNK KIlXiK AtiKNCV. s. DAK. 4H 

Slahiiif nt of ( 'lilif Kiii/li . 

C'liiKK Ivvtii.K, hein^ first duly sworn, di-post-s ami says: 

((Questions hy Tinuitliy F. Hiirkt-, riiitt'tl Statt-s attoriu-y \<>v tin- districl <>i 
Wyoinin^r. ) 

<^ Wliat is your iiaiiu' ami a>rt'? — A. My name is Cliii-I I'.ajrle. 1 am :i"> years old. 

i]. You art' an O^dala Sioux, living' on I'inc Kid^jt' Kcservf? — A. Yes. 

i]. Did you ^o to Wyoming' witli William Hrown on ()ct<il)t'r last? — A. Yi-s. 

(}. What did you ^m tlieri' for? — A. TIumv are two <lifferent kind.« of medirine; 
one is holy leaf and the other is soniethiuL' like sunflowers. 1 wtMit uji to ^et tliose 
two thiii-:s. 

<^ Did you take your «:im? — A. Yes. 

<^ Was"it a rifle?— A. Yes. 

i}. How many antelope or deer di<l you shoot? — .\. Three. 

(^. Where did vou shoot them? — .\. Thev were on what is called Horse (ictk, in 
the I'.lack Hills. " 

(^. How many did you shoot in Wyominu? — A. None. 

<^. Why diiln't you ^hoot any in Wyoming? — A. There is a law in Wyciiniii'_' and 
1 knew it. 1 saw sonu', hut 1 didn't take any shot at them. 

n. Did any of the Indians shoot any in Wyomiufj? — \. .No; not that 1 kimw of. 

*}. Did they liuy any? — A. Yes; I saw some buy some. 

i^. How many did you buy? — A. 1 only had three. That was all 1 wante<l. 

*i. Were you there the day l)efore the shootinir, when Sheriff Miller and his |>arty 
were there? — A. Yes; 1 .•^aw that white man. There were seven men alto>rether. 

• ^ What did they want? — .\. 1 don't know what they wanted or what they wi-re 
there for. 

(I. Didn't William Brown or Smith tell you what they were there for?- — A. They 
didn't tell me anything about it. 

<^ Didn't anyoni' tell yoti about it? — \. 1 don't know, what was the matter with 
the Indians. Tliey didn't seem to want tji tell anythinir. 1 don't know the reason. 

(I. Didn't you know that .Miller was there to arrest von; didn't he ask vou to ifK 
to XewcastU'".'— A. No. 

<2. Did Miller try to ijet your party heailed off and turn tlniii up toward .N'ew- 
lastle'.' — A. 1 don't know. I beloujii-d to the j)arty in the rear. 

<2. Were Brown's party all in the rear? — A. Yes; we were all in the rear. 

(^ Were you jiresi-nt when the shootins.' took i)lace the next day'.'^A. Yi's. 

<J. ])id you sei' who did thi' shootin>r".' — A. I was about as far from tho.se in front as 
it is from here to the boardin<r school [al)out onedialf a mile]. We came to a stee]> 
bank and went ilown and ui* ajrain, and just as we i.'ot to the i-reek and were up on 
the hiirh side I heard tiie report of one jrun; then the firinjr became ireneral. Then I 
turne<l back, and I wa.« in the lead all the way l)ack. 1 ha<l a lot of children with me. 

<2. Do you know who tired the first shot'.' — A. 1 don't know. 

<2. Where did you p> when you went away'.' — .\. We started and i:ot up on a biir 
divide, and we went down a bijr hollow, and there we threw out all om- dishes and 
boxes and thinurs out in the bit: hollow, and then we mdiitchecl and started out 
horseback. 

'^ You are ri^rht. There is a law i)rohibitin^' the shoutinjz of any v'l'ine animals 
in Wyominir without a license. It is also ajiainst the law to buy or trade for any 
•rreen hides or any teeth of bit; ^'ame. If you understand that will you tell your 
friends and aci|uaintances, so tliat when they <io into Wyoming: they will in>t iret into 
trouble'.' — .\. Yes. After we left the wagons and starteil out horseback with our 
families— after we ^'ot to a place called Hat ( reek— another jiarty tired nmre shots at 
us. I ilon't think that was ri^ht. 

( 'nii:i- 1" \(.i.K (his \ mark i. 

Witnes.<es: 

.\. M. L.\.\i).M.\.\. 
F. C. (ioiXfiS. 

Sub.<crib«Ml and sworn t^i licinre me (his llOth day of No\endier. \W.]. 
[sKAi..] 1'. !■:. M( Intvuk. 

Xnliiri/ J'lil'lir, sliinninii Cinniti/, v. />///,. 
(My term exi>ires Novend»er S. liMI.'). i 



44 SIOUX INDIANS OF PINE KIDGE AGENCY, S. DAK. 

Statement of Charging Wolf. 

Charging Wolf, being first duly sworn, deposes and says: 

(Questions by Timothy F. Burke, United States attorney for tlie district of 
Wj'oming. ) 

(2. Wliat is your name and age? — A. Charging Wolf; 45 years of age. 

Q. You are an Oglala Sioux, living on the reservation here? — A. Y"es. 

(.2. Did you go to Wyoming in October with William Brown and his party? — A. Yes. 

Q. What did you go there for? — A. What I started nj) there was for some leaves, 
roots, and herl)S, that we know is very good for certain sickness. That is what I 
went up to get. Of course the white men don't use them but the Indians do, and I 
brought a lot back. 

Q. Did you take your guns with you? — A. Yes. 

Q. Did you shoot any antelope or deer? — A. No. 

(2. Did you buy any? — A. Y"es. I bought one. 

(.2. Did you drive your own wagon and horses? — A. Yes. 

Q. How manv antelope and deer hides did von have in vour wagon when you left 
it?— A. Three. ' 

Q. AVho did the other two belong to? — A. I traded for the other two witli the 
sheep men for some moccasins and bead work. 

(.i. Was you there the day before the shooting, when Sheriff ^Jiller and his jKuty 
were in camj)'.' — A. Yes. 

il. What (hd they come there for? — A. I don't know what they did come for. 

Q. Was Charlie Smith there? — A. Y"es. 

Q. Did Charlie Smith bring in an antelope on his horse? — A. I don't know. 

Q. Did CharHe Smith or Brown tell you why they were thei-e? — A. I didn't hear 
anything about it, and they didn't tell me anything. 

il. Did they eat supjjer there at William Brown's? — -A. I don't know anything 
about that. 

Q. Didn't they try to get you to go to Newcastle? — A. I didn't hear anything 
about that, and didn't know anything a])out it. 

Q. Was you there when the shooting took place? — A. Yes. 

Q. Where was you when it commenced? — A. I was about in the middle of the 
train. 

Q. Who fired the first shot? — A. The white men. 

Q. How do you know that? — A. There was some teams ahead of me, and I noticed 
them hunch up together. Then I heard one shot, and after that the firing became 
general. After that I got out as fast as I could go. 

(2. Who fired the first shot? — A. I kind of think the first shot came from the white 
men's side. 

Q. What makes you think so? — A. I don't know the reason why I think so, but it 
seems to me that they fired the first shot. But I got away as fast as I could. 

Q. Difl you fire any shots? — A. No. I had my gun in the bottom of the wagon 
and had my tents and other luggage on top of it. 

Q. It is against the law of the State of Wyoming to do any hunting for such game 
as deer, anteloi)e, elk, etc., without a license. It is also against the laws of the State 
to buy or trade for the hides of such animals. Do you understand that, and will 
von tell vour friends sothev won't tret into trouble when thev goto Wvoming again? — 
A. Yes." 

Cn.VRGiXG Wolf (his x mark). 

Witnesses: 

A. M. L.\Ni)N.\x. 
F. C. Goings. 

Subscril)ed and sworn to Ijefore me this .'iOth day of November, UJOo. 

[seal.] F. E. McIntyre, 

Notarg I'lihlir, Shannon Coiinti/, S. Dak: 

CSly time expires Novem1)er 8, 190-5.) 



Stafenwrit of Jesse Little ]Viir Jhmiiet. 

Jesse Little War Bonnet, being first duly sworn, dej)oses and says: 
(Questions by Timothy F. Burke, United States attornej' for the district (if 
Wyoming. ) 
<2. What is your name and age? — A. Jesse Little War Bonnet; 20 years of age. 
<i. You are an Oglala Sioux, living on the reservation? — A. Y'es. 



Siorx INDIANS (»K PIXK KIIXJK A<JKNCY, S. DAK. 45 

Q. You went to WvomiiiL' witli William I'.rown as a tnciiilier nl his ])artv in ( >ctij- 
her?— A. Yes. 

(I. Wliat <li(l yuii <r<) lor? — A. 1 uinlfi>tn(Hl tlms*- iienple were piiii;,' tn ^'et suiiie 
roots ard lierhs ami otlier tliin>;s, .so I tlioiitrlit I woiiM ;:o and see if 1 could yet 
some. I am not well. My lilood is had. I wanted to .^-et somt- nie<h(ine to see if 
it would do me any yood. 

(I. Difl you have your j,Mui with you'.'— A. No. 

(}. I)id you shoot any elk, deer, or antelope? — .\. I did not have any yun, so I 
couldn't do any shootin>r. 

12- Did you drive your own wa;ron or did you tro with souie one else? — .\. 1 was 
in my motlier's wajron. 

(2. Was your father alon>r? — A. No. 

<^ Did you huy any antelope or dei'iskins? — A. I hou;rht one. 

<i. Were you tliere when Sheriff .Miller and his party came the ilay hefort- the 
shootin>,'? — .\. Yes. 

(^ What did Miller and his men want? — .\. I di<ln't hear. 

(l. Why did you ride up amon^; the white men with your hor.se and run through 
them? — A. I went ujt there for information, hut I couldn't ^et any. 

C^. Why did you ride amony: the white men? — .\. 1 wanteil to .see what they came 
therefor, hut I ci>uld not understand them. 

Q. Didn't Charlie .'^mitli or William Hrown tell you wliat they were ttiere for? 
What did they say to you ahout it? — A. They didn't say anything:. 

i-i. Di<l .MilliT and his men want you to p> to Newcastle? — A. 1 didn't lu-ar that. 

i]. Didn't they try to turn up the road to.vard Newcastle, instead of the road 
toward home? — A. I didn't hear. 

(I. Did you .see them motion you to go uj)? — A. No. 

C^. Was vou present the dav the shooting took place, and where were vou.-" — A. 
Yes. . . 

(2- Where were you? — A. 1 was in the rear. I had sto]i]>ed to close the gate we 
had just LTone through, and just as 1 was on tht' way up the tiring took place. 

<2. How far up were you when the tiring started? — A. I was tjuite a ways off. I 
was the last man cominjr up. 

<2- The white men .>^ay yon was at the liead of the line and was running' hark when 
they saw you. Is that correct? — A. No. 

(2- Did vou have a gun that day"? — A. No. 

(i Wh(! tired the lirst shot?— A. The white men. 

i}. How do y(!u know that? — A. I was coming ui> when I heard the l>ullets coming 
down from that ilirection. 

(2- What did you do? — A. I turned around and took tlu- otln-r way. 

C2. It is a^'ainst the law of the State of Wyoming for an outsider, whether he is an 
Indian or a white man, to shoot deer, antelope, elk, or any such game in that State 
without a license. It is also against the law of the State to huy or trade for the 
hides of such animals. I want you to hear that in mind and tell your frit'uds that, 
so that when they are traveling in Wyoming they will he careful not to violate tho.se 
laws and j:et into trouhle. 

Jesse Lhti.e Wak Donnkt (his \ mark). 

Witnesses: 

A. M. La.nd.man. 
F. ('. ( ioiN(;s. 

Suh.scrihecl and sworn to hefore me this .'!Oth day of NoviMuher, HKK^. 

[seal.] F. K. .McIntyki:, 

\ot<(ril J'lili/ir, SIkiiiiidii Oiiiiiti/, S. Ihik. 
(.My term expires Novend)er S, litOo. ) 



Sliilriiii'iit III' W ill III III lirimii. 

Wii.i.iAM I'.uowN. lirst heiiit: duly swoin, deposes and says: 

((.2uestions hy Timothy F. IJurkr. Iiiited States attorney f(pr I lie district of 
Wyoming:. ) 

<.2- State your name anil a^rr. — A. My name is William IJrown. 1 am :'>i> yeai*s of 
age. ■ . ■ 

(2. .\re you tlu' William I'.rown that trot a permit to leave tlie reservation with a 
mnuher of others along ahout last Sc|(|cml)iT? — A. Yes, sir. 



46 SIOUX INDIANS OB^ PINE RIDGE AGENCY, S, DAK. 

(}. You arc an (Jglala Sioux and live ui)on the reservation? — A. Yes, sir. 

(}. When did you leave the reservation with your party for Wyoiiiinis:? — A. I have 
my pass witli nie [produces pass]. I left about October (>. 

Q. And all of these people named on your permif left with you? — A. Yes, sir. 

(^ When did you get into Wyoming? — A. About October lo. 

Q. Did you shoot any deer or antelo]>e prior to going into Wyoming? — A. I saw 
one or two in my party. 

Q. What did you go to Wyoming for, ]\Ir. IJrown? — A. I went to get some root, 
herl)s, and berries. 

Q. For what i)urj)Ose? — A. To use for medicine. 

Q. It is the custom for the Indians of this reservation to go outside for roots and 
herbs? — A. Yes; that is customary. They found out that the roots and herl)s that 
they got away were better than the roots and herV>s here. 

Q. How often do they go? — A. This was the tirst time I knew anything about it. 
This year and last year. 

(}. When you went into Wyoming, into wliich county did you go, do you know? — 
A. We went into Weston County and from tliere into Converse County. 

Q. Did you shoot any deer or antelope in Weston C'ounty? — A. All we shot there 
was ra1)l)it, prairie dogs, and prairie chickens. 

Q. Did you buy any antelope or antelope hides, deer or deer hides while in \\'estf)n 
County? — A. The rest of the party bought some, but I didn't buy anything. All f 
wanted was roots and herl)s, and I got them. 

Q. How many antelope and antelojie hides, deer and deer hides did your party 
buy in Wyoming? — A. Of course, I didn't go around through the tents, so I don't 
know just how many they did l)uy. 

0. They ]>ought quite a mnuber? — A. Yes. 

0. Would you say as many as 40 or 50? — A. i could not state the number, but I 
know that they got a good many hides. 

(2. How did they pay for them? — A. Hatl)ands, moccasins, and other beadwork 
along that line. They traded for them. 

(^ Were you there at your camp when Sheriff Miller and his party came there, 
the day l)efore the shooting? — A, Yes; I was there. 

0. What did they say they wanted? — A. They were at my camp some time before 
I came back. They had got ready to leave when I got )»ack and were going aw^ay 
without saying a word to me, but I had a talk with one of them. 

(^ What was his name? — A. Miller. 

Cl What was the talk you had with Miller? — A. Miller told me that they had eat 
at my place, and then I asked him wliat he wanted. He told me he was after us. 

Q. What for? — A. He didn't say what for. It was getting dark and he said, "I 
will see you in the moi'ning." 

(I. Did he show any ])apers? — A. I didn't see any. 

Q. Did he show you a warrant for your arrest? — A. Xo. 

Q. Didn't he tell you he had a warrant for your arrest? — A. No, sir; he didn't 
f^ay anything of that kind, and I didn't have any idea he was there to arrest us. 

(I. What did he say he was after you for? — A. That is all he said, "lam after 
you," 

Q. Did you not understand from that that he wanted you to go to Newcastle? — A. I 
understood it that way and I told him, "All right." 

Q. Did you offer to go to Newcastle with him? — A. He didn't mention the name 
of any town, he just said, "I am after you," and 1 said, "All right," and he said, 
"Tliat's good." And that is all the talk 1 had with him. 

0- You were hitching up then, were you not, and about to drive away? Didn't 
Miller try to turn you on the road to Newcastle instead of the road home? — A. No. 

Q. Do you remember where the roads fork and one road leads to Newcastle, and 
the other toward home; was there not an effort made there by ^Miller to turn you 
onto the road to Newcastle? — A. No. 

il. Did you see any Indians throw dirt into the air? — A. No. 

(^ What would it mean if they did? — A. It don't mean anything. 

<^ l>id you see Little War Bonnet riding among Miller's party the day before the 
shooting? Did he make himself offensive that day? — A. No. 

Q. Were you near the head of the procession when it started that day? Wei'e you 
where Smith was? — A. No. 

<^ Did Smith and ^Miller have any talk? — A. Yes; I saw them talking together. 

0- Hid you tell ^Miller that you would go to Newcastle if Smith did? Was any- 
tliing of that kind said there? — A. Yes. 

<^ Did .Miller say he would come back the next day? — .\. Yes; he said, "1 will 
<'oiiK' 1)ack to-morrow." 



smrx INDIANS (>V IMNK HIIXiK ACKNCV. S. DAK. 4( 

(i- Did Miller say aiiytliiii'_' to yuu alioiil Icaviii'j tlir Siati-. or Jaiiytliiii<_' "i thai 
kiml? — A. No. 
(2- I>i<l Villi set' Miller alter that'.'— A. Nd. 

• ^ Dill yoM see Miller when tlu- sluuitint: took plae*'".' — A. 1 ilidii't sec him. 

il- Where wen' yiiii wiieii the shootiiii: took |>lace next ilay? — A. I wa> mi the 
road home. 

*l. How lar was it Imm the |>laee where the siioutiiii: took jdaee to where yoii >aw 
Miller the day liefore?— A. 1 don't know. 

• 2. Did anyone tell yon that Miller was there to arrest you'.' — .\. Xo mn- t-ver toM 
me that. 

<i. Did Miller say to yon. " We ( the whites i want yon to <_'<» to town with ns. \\C 
diiln't see you kill any deer. l>nt yon must <ru to town with ns.""— .\. Vcs; 1 had 
that talk with him. 

<^. Then von said that yon wert' \\illin<_' to snrrendei'. and would suricuder. it 
Smith did'.' — A. 1 was the only oni' that surrendereil. 

<l. Did Miller ask you to <:ii to town with him'.'— .\. Hi' ju.-t said he would come 
hack a<:ain. 

• ^ What did Charlie Smith and his jiarty say about surrendering'.' — .\. I didn't 
umlerstand what kind of talk they had. 

• ^ \\"hat did Charlie Smith say to yon'.' — .\. It was in the eveniuL' ami Lrettinir 
dark. Charlie .Smith didn't say anythinfr to me at all. 

t^ Diiln't you and Charlie Smith have a talk with the Indians ami 'ell them w hat 
they wanted you to I lo'.' — .\. I just told what tlii' men said to me — to some oi my 
party. 

<}. That is. that he wanted yon lo <ro to town with him'.' — A. I was willin'_f to sur- 
render with all those named in my party. 

<^ Did you tell the Indians what .Miller wanted'.'— A. Yes; 1 tolil them. 

l^ What ones did yon tell'.'— A. IJlaek Feather ami 11.- Crow. 

• ^ .\nylioily else".' — A. Chief KajrU'. 

<^. .\nyliody el.«e".' — A. That is all I ean iemend)er. 

*}. What did yon tell them".'— .\. I told them like this: " This white man is here 
\>'V usan<l as 1 have jrot a pass I am willing.' to iro with him.'" And he said: "I 
will l)e hack in the morniiiii." 

1^ Then Miller didn't try to jret you to >ro to Neweastle that iiiirhf.' — .V. No. 

t"2- Did anybody there resist Miller in an attempt to arrest you'.' — A. No. 

(^ Now, the next day when the shootin<r tonk place, did you know who llrcd the 
lirst shot".' — A. The white men. 

<^. IIow do you know the white men lired the lirst shot".'— .\. They came rij.dit 
down into the holldw and wi' could not helji but see them. 

• ^ Who was the first white man that lired a shot'.' — A. We wen- all in the wairons. 
There were nine wagons alu-ad of me. Those fellows came up and started to lire. 
The lirin^' all came from those fellows. 

<^ Didn't one shot come from in back of you'.' — .\. No. 

«2- I)i<ln't Miller come up on the bank first — Miller and a man bv the name of 
Owens? — A. I could not tell who was there. They wen' a (piarter ot' a mile ahead 
of me. 

il. Did you reioL'ni/e them as the men who had been at your camp the day 
before'.' — A. 1 was not clo.<e enon<:h to .-^ee whether ihey were the same nu-n or not. 

(^ What did they lirst say the day after you saw them'.' — A. I didn't say that they 
.>^ai<l a word. They came mi a trot. They just came uj) that hollow and be.L'an to 
shoot. 

<2. Didn't they hold uji their hands and shout " I lalt " or somelhiuuof that kind'.'— 
.\. No; they diiln't say a wonl. 

• 2. Miller ami his ])arty had eaten supjier at your tent with ymir wife the niiiht 
befon-".' — A. That is what my wife told me. 

^^ What did yon do at tlie li^rht— diil ymi lire any shots".'— .\. No; 1 just turne.l 
around and tlew. I had my wife and children. 

^l. Did yon leave your wa^'on".' — .\. 1 went theic in a \>i'j wa^'on. and after the 
-tamjjede took place I left the bi^' wa.L'on and toi.k a li^dit wa^'on that was there and 
llew a;:ain. 

<2. S'oii were not arrested and taken back to DoULdas, charLrcd with ihe murder of 
.Miller".'— A. No. 

• ^ Did you <ret ymir wa;ion back".' — A. Yes; somebody went up there and ixot it. 

• ^ Were yon trying' to ^r^,\ ,,ut of the State".* — A. Yes; we K"t Ji pretty bij; .«^care. 
tj. The second day you were expecting' to see ^liller — he had |tromised you iu' 

would come back a<:ain".' — A. Yes. 

<2. What do yon think lie went away foi- and pionii>ecl to cnnie back mi tlie .«eeond 



48 SIOUX INDIANS OF PINE RIDGE AGENCV, S. DAK. 

day? — A. I tlHJUght tliat lieing a.s he way >jure, I thought he would come and take 
us where he wanted us to go. 

Q. But you were trying to get away from him, were you not — that is, after the 
first day? — A. We were coming on the road home. 

(.1. But you were trying to get away from the sheriff and his company? — A. No. 

Q. Was there any shooting at you after you left the second day and took the light 
wagon to start home? Did anyone shoot at you then? — A. Yes; they did that. 

Q. AVhere was that?— A. Hat Creek. 

Q. How many shots did thej' fire at you there? — A. I should guess about fifty. 

il. Did thev hit anybody? — A. They hit one of the horses in the hoof. 

(I That was in the night?— A. Yes. 

<l. Were you driving? — A. Yes. 

Q. Was that in South Dakota?— A. Yes. 

Q. Do you know who shot at you that time? — A. No. 

Q. AVere there many in the party? — A. It was in the night, and I could not tell 
how many were in the party. 

Q. The laws of Wyoming make it a mis<lemeanor to shoot any deer, antelope, or 
other wild animals of this kind unless you have a license. It is also against the law 
to buy any green hides of these animals to take out of the State. You understand 
that, Mr. Brown, and you will tell your friends and acquaintances, so that when thej' 
go through Wyoming again they will be careful not to get into any more trouble. — 
A. Yes, sir. 

AViLi.iAM Bkowx (his x mark). 

AVitnesses: 

A. M. Landman-. 
F. C. Goings. 

Subscril)ed and sworn to before me this .lOth dav of November, 1903. 

[seal.] ' F. E. McIXTYKE, 

Notart/ I'lihllr^ Sliannon Cuuuti/, S. Dak. 
My term expires November 8, 1905. 



Statement of Hope Clear. 

Hope Clear, being first duly sworn, deposes and says: 

(Questions by Timothy F. Burke, United States attorney for the district of 
Wyoming.) 

Q. Give your name and age. —A. My name is Hope Clear; 18 years old. 

Q. You are the daughter of Gray Bear? — A. Y''es. 

Q. Were you a member of the Charles Smith party that went to Wyoming in 
October? — A. Yes. 

Q. What did that i«rty go to AVyoming for? — A. They got the party to go up there 
to get some herbs and leaves and different kinds of roots — that is in that covmtry. 

Q. Did they do any hunting on the way? — A. The\^ shot some prairie chickens and 
prairie dogs and rabbits, as they went along. 

Q. Did they shoot any deer or antelope? — A. No. 

Q. Where did they get their antelope hides and antelope meat? — A. They got 
their deer hides and deer meat fi'om the sheep men. 

Q. How many hides and how nnich meat did you get? — A. Y"ou mean the whole 
party? 

Q. Yes. — A. I can not say how much each bought; but they each bought some. 

Q. Did Charlie Smith sh(jot any deer while in AVyoming? — A. What do you mean? 

Q. Any deer or antelope? — A. No. 

Q. Where did you meet Mr. Brown and his party?— A. I don't know the country 
up there and I don't remember just where it was. 

Q. But it was in Wyoming? — A. Yes. 

Q. Was it after you started home? — A. Yes. 

Q. Do you remember the day when Sheriff Miller and his party came to your 
camp? — A. Do you mean those white men? 

Q. Yes.— A. Yes. 

Q. Were you i)resent? — A. Yes. 

Q. Did you hear them talk? — A. No. 

Q. Did 'Mr. Smith tell you what they wanted?— A. No. 

Ci. Did you hear what they wanted? — A. No. 

Q. Did they try to get you or any of the men to go to Newcastle with them? — A. 
I didn't hear anything of that kind at all. 



Slorx INDIAN'S OK PINK KIDCJE A(iKN("Y, S. DAK. 49 

Q. Dill thev t'ut tlu'ir s-uppiT with von? — A. Yt-s. 

Q. Wiio .li(l they eat witli?— A. With the inixe<M)l()0(ls. 

Q. I>iil you see these men the lu-xt ihiy? — A. No. 

(■2. WiTe you present when tlie shootinj^ look i>iace on tiie next (hiy? — A. Tliey 
came to our camp ami on the next day they conunmenced to shoot at us. 

(2- I'iil \'ou recognize tlieni to he the same nii-n as those wlio iunl come to your 
eamp tiie day hefore? — A. Yes, they were the same men; after I got where they 
were I recognized them as the same men. 

(i. Hid you recognize thiMii as tlie same men helore the shooting commenced? — 
A. I saw those men liefore anyone else saw them. 

<2. Wliere were you when yon saw them?— A. 1 was aiiead of the wagons and 
there were two little hoys with me and we were driving some loosi' ponies. I got off 
my hor.-^e to open the gate and then I saw the white men aiming their guns at me, 
so I started hack to tiie wagons as fast as I could go. 

C2- Where were you on first hearing the shooting? — A. It was the white men tliat 
started to shoot. 

Q. Where was the first shot fired from? — A. What do you mean hy that? 

Q. Where wa« the first shot fired from? Who was the first person who lired and 
where was he? — A. It was a white man. 

(I. Were they on horsehack when the shooting commenceil? — .\. Xo; they were 
afoot. 

(^ Were they on horseback when you first saw them? — A. The minute 1 saw them 
they began to get off their horses and some of them were already aiming their guns 
at me. 

Q. Did you go back through the gate when the first shot was fired ? — A. That was 
after I got through the gate. 

(2- Where was Charlie Smith? — A. Charlie Smith was in the rear on horseback, 
but he came up. 

(^ How many wagons got through the gate before the fiHngcommenced? — A. Two. 

(2- How many Indians <lid any shooting? — A. I noticed thatthe first shot shot the 
hor.<e from under the boy that was with me. He got uj) and started to run and 
then he got shot. After this boy was shot I got to the wagons. Just as I got up to 
tlie wagons I saw my father and Black Kettle getting down ready to ojten lire. 

<2. Did the Indians do any firing jirevious to that? — A. There was no shooting 
from the Indians until after a bullet went through my shawl and another tliniugli 
my dress and my hor.^e shot from under me. Then my father fired. 

(2- Is that the shawl you have on now? — A. No. I gave the shawl away. 

(^ Where was your father when the firing commenced?— A. I could not say. I 
know lie fire<l a shot and after that I didn't .<ee him any more. 

(^ Who was at the gate when you came through? — A. Do you mean Indians? 

(I. Yes. — A. Some of the Indians had got through the gate and some of them 
wert' standing just inside of the gate. 

(i Who were .some of the Indians just in.side of the gate? — A. Just as soon as the 
shooting began tlie Indians ran back. 

(I. What did the white men say, or did tliey say anything before the shooting 
commenced, when you first saw them? — A. They didn't say a word or call t(j me. 
Thi'y just went to shooting. 

(l Didn't one or two of them come up on the bank befori' the rest? — A. I iloii't 
know of any. 

(2. I>id you .«ee one of thi'iii put up liis hands and say, "Halt?" — A. No. 

<2- Did they do any shooting before they got through the w ire fence to which they 
liitched their horses?— A. I did not see where they had their horses, but they must 
iiave left their horses on the outside of the fence. The fellows I saw came'on tlu- 
run, shooting. 

(I. They left their horses l)efore shooting? — A. Yes. 

<i. They diiln't do any shooting from the road? — A. They were all in the creek 
bottom. 

il. How many shots did the white men fire? — A. I could not count. They were 
shooting too fast? 

<^ Tliey lired a good many shots? — A. Yes. 

Cl Did the Indians fire a good many? — A. There were only two Indians that did 
any shooting, P>lack Kettle and my father. The rest He(l. 

<^ ( 'harlie ilidn't do any shooting? -.\. I didn't .<ee him. 

(]. Where did yon go? — A. My mother and Charlie Smith's wife were in the 
wagon, and we starte(l down the fence as tight as we could go. 

<^ What became of your father? — A. We started to go nji the side of a hill, and 

S. Doc. J2S 4 



50 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

just as we were going over the top of the hill, Mrs. Smith was shot. When she was 
shot, the blood ))egan to flow pretty freely, and we started for a bank. We just got 
to the bank and that was all. My mother and Charlie Smith's wife were in the 
wagon, and I got another horse, and I was on horsel^ack. 

Q. Did you stay there and bury your father? — A. When we got Mrs. Smith down 
under this bank, I started back up the fence again and I met my father coming up 
on his horse. I led him off to the creek. They were still shooting at him. 1 got 
my father down into the creek l^ed and took him to where Mrs. Smith and my 
mother was, and we started to follow up the creek bottom. 

Q. Did your father die? — A. We kept on going up this creek until it nmst have 
been along in the middle of the night, then my father got out and went and sat with 
his back up against the bank, and he sat there till he died. My father and Mrs. 
Smith were both in the wagon, and when my father got out and on the bank we 
built a tire. 

Q. When did your father die? — A. About midnight. 

Q. Did you bury your father there? — A. I buried my father there, and we went back 
next morning to where the shooting took place. My mother says to us, "Maybe 
there is a war l)roken out between the white men and the Indians, and we might 
just as well go back and get killed where the other Indians were killed, because we 
can't get home anyway. 

Q. Whom did you lind killed and wounded? — A. We found Charlie Smith, and 
we found that boy and Black Kettle there. We got to where Charlie Smith was. 
He wasn't dead yet, so we built a tire to warm him up. By that time these same 
people were coming back again. 

Q. The white people? — A. Yes. 

Q. They didn't do any shooting that morning, did they? — A. After we saw those 
people coming, they started to take aim at us. I walked up toward them and they 
pointed their guns at me. I got pretty close to them. I told them that there were 
only women there and if they Avanted to kill us they could do it. They said, "If 
that's so, you come over here." So I walked over to where they were, and there 
was an old man in the lead, and he shook hands with me, and they all shook hands 
with me. Then we all went down to where Charlie Smith was lying. 

Q. Did they take care of you then? Help you to get water and help to bury Black 
Kettle? — A. Charlie Smith asked for some water, and one of the men got some water 
and gave him a drink. They took us to a log house that was there. 

Q. You can talk some English? Enough so as to make yourself understood? — A. I 
can understand more than I can talk. Charlie died in that little log house that evening. 
I was there when Charlie Smith was buried, but not when the other tw'o were 
buried. 

Q. You are sure. Miss Hope, that the first shot w-as not fired by some Indian up 
along the line of wagons? — A. Yes; I am sure. 

Q. Were the men riding horseback or in the wagons when you first saw Mr. Miller 
and his party before the shooting? — A. They were all in the wagons. 

Q. Where was Mr. Smith when he was shot? — A. Smith was in the rear. He was 
coming up to where the shooting was going on when he was shot. 

Q. Did he have his gun? — A. No; he didn't have it; it was in the wagon. We 
were not expecting these people to do any shooting and we were trying to get away 
the best we could. 

Q. Now, Miss Hope, you have been to school at the reservation schools? — A. I 
M'ent to a day school. I didn't go very regular. I had some sickness and kept get- 
ting excuses, so I didn't go very regular. 

Q. Did you see any other Indians, with the exception of your father and Black 
Kettle, do any shooting? — A. No; those are the only two that did any shooting; that 
is the reason there are so many left alive. If they had all done some shooting they 
would have all been killed. The horse I was on was shot four times. 

Q. Everything you have stated here is just what you saw, not anything anybody 
else has l)een telling you, but just what you saw?— A. I have been sworn in. 1 have 
told it just as I saw it myself. 

Hope Clear (her x mark). 

Witnesses: 

A. M. Landman. 
F. C. GoiNCis. 

Subscribed and sworn to before me this 3()th of Novend)er, 1903. 

[seal.] F. E. McIntyre, 

Notari/ Public, Shannon County, S. Dak. 

(My term expires November 8, 1905.) 



SIOI'X INDIANS UK I'INK HIIXiE AJJKNCV. S. DAK. 51 

Stuti iiii lit t,j Mix. lirnii liiar. 

Mrs. (iHAY Beak, iM'injr tirst duly sworn, deposes and says: 

((iut'stions l)y Tinidthy F. Umke, I'nitfd .States attorney lor tin- distrirt of 
\Vyoniin<:. I 

• ^ Stall" yonr nanu- and yonr au'c — A. Forty-live years old: my Indian name is 
Takes The Hope. 

CJ. Yon art- the wife of (iray Bear? — A. Yes. 

l^ Yon went with Cliarlie Snnth's partv to Wvomin^r with vonr husband last 
OctoU'r?— A. Yes. 

<2. What did yon j;o to Wyoming' l<>r. Mrs. (iray Bear? — .\. They told us that 
they wi're ^oinir to shoot different thin<rs while up there. 

(2- What tliil they say they wi-re jroinj: to shoot? — \. Kalil)it. prairie doirs, and 
prairie chiikens. 

(.2. Did they say anything about shootin<r deer or antelope? — \. There were some 
of the men who took shots at some of those ileer. 

f^. Hid they >ret any deer or antelope while there? — X. They got some in the foot- 
hills of tlie Hlack Hills. They didn't j;et manv because they were scarce. 

(2- Did they jret any in \\'ytimini.'? — A. No one <rot any in Wyoming'. 

(i. Did they l)ny any while in Wyominjr? — -A. We frot all our skins and meat from 
the sheep anti cattle men. We trade<l moccasins, blankets, and bea<l work for it. 

C^. Did yon get many in that way? — A. All the men and all the women lia<l done 
some trading for deerskins and deer meat. 

Cj. Do you remendier when Sheriff Miller ami his jiarty came to your camp? — \. 
Yes. 

Q. Did you know at the time what he wanted? — A. They had some talk with 
these white people but I didn't understand, because I don't understand a word of 
English. 

(.2. Who had the talk with them?— A. They had the talk with Charlie Smitli. 

C2. I>id Charlie Smith tell you what they wanted? — A. He didn't tell us anything. 

C^. Didn't your husband tell you what they were talking about? — A. No. He 
didn't say a word to me. 

Q. Where were you when the shooting took place next day? — A. There were two 
wagons ahead. There was a man and his wife in the lead, then came Black Kettle 
and his wagon, and thinl came myself and wagon, and the fourth was Mrs. Smith 
and wagon. 

il. Was your husband in the wagon when the shooting commenced? — A. 1 was in 
the wagon with two daughters and he was in the rear on horseback. 

(I. Did you see who Mred the tirst shot? — A. Yes; I saw it. 

(I. Who was the one that H red the first shot? — A. My daughter was in tin- lead, 
driving some loose horses. She came back and said, " Mamma, there are some white 
people raising their guns, and they are going to shoot us." The wlnte men were the 
lines who started the shooting. Then we started back. Just then the boy was shot. 
He fell right in front of me. .Vfter 1 went arouml to turn my team around, I saw 
this boy was slujt, so I tin-ne<l around in another direi-tion. 

(•2. Who of the Indians ilid any shooting? — A. The rest of the In<lians were in the 
wagons driving the teams. Those who were on horses all rushed up and got kilU-d. 
-My hnsbanil and anotiier fellow did .•^ome shooting and they both got kille<l. 

il Did Charlie Smith do any shooting?— A. After I saw t"he boy fall I started .mt. 
1 saw Charlie Smithconung up with his gun in his scal)bard on his saddle, so I don't 
think Charlie did any shooting. The next morning they found it lying on the 
ground, and 1 <l<in't think he hail done any shooting. 

<2. Did the gini drop out of the S(abl>ard? — A. Tlie gun nuist have droppeil out of 
liie scabbard some way or other, because when I saw him on the horse it was in his 
-c al)bard. 

• 2. Hfiw far was it from where Charlie Smith was lying to where they found the 
gun? — .\. I was so badly scared I didn't think to measure it. 

(2. Your husband died that night?— A. Yes. 

(2- AikI you l)urie<l him next day? — .V. Yes; we buried him next morning just as 
the sun was rising. 

<2. You found Charlie Smith next day? He was not dea«l wlu-n yon foimd him, 
was he? — .\. The next morning we went down to see how many were killed and 
wounded, ami the first one we run across was Charlie Smith. He was all covered 
with frost. He was still alive, so we built a fire for him. 

<2- He died that ilay'.' — .\. They took him back to the log house, and sometime 
during the night he died. 

(2- You went to Lusk with Mrs. Smith that night, did von not?^A. Yes. 



52 SIOUX INDIANS OF PINE RIDOE AGENCY, S. DAK. 

Q. And they sent you from I^usk back home to the agency, did they not? — A. Yes. 
They left us at Edgemont. 

Q. Did yon get your wagon and your horse and harness afterwards? — A. I had my 
wagon all the way through. But Charlie Smitli's wagon was taken to Newcastle 
because there was no one to take my sister's wagon home. 

Q. Was Mrs. Smith your sister? — A. Yes; she was my sister. 

Q. You say Mrs. Smith is your sister. She was wounded, was she not? — A. Yes. 

Q. What is her condition now? Would she be al)le to make a statement if .you 
went to her house? — A. No. 

Q. Where was Mrs. Smith wounded — in her shoulder? — A. She was shot in the 
back, in the right shoulder, and the bullet came out down below on the breast in 
front. When I first heard the shots I thought there must be a war liroken out 
between the white men and the Indians. I told my daughter that the white men 
would kill us off before we could get home, so we might as well go l)ack where the 
rest of the Indians Mere killed and die there. That is how we came to go back to 
where the shooting took place. 

Mrs. Gray Bear (her x mark). 

Witnesses: 

A. M. Landman 
F. C. Goings. 

Subscribed and sworn to before me this 30th day of November, 1903. 

[seal.] F. E. McIntyre, 

Aor(()'t/ Public, Shannon Coimfij, S. Dak. 

(My term expires November 8, 1905. ) 



Mission Flat, Pine Ridge Agency, S. Dak., 

December 1, 190S. 
Statement of Lad Bear. 

The statement of Last Bear was taken at his house, as he was unable to come to the 
agency on account of his wound. No proper official being present, his statement was 
taken without oath. 

(Questions by Timothy F. Burke, United States attorney for the district of 
Wyoming. ) 

Q. State your name and age. — A. My name is Last Bear, and I am about 65 years 
of age. 

Q. Are you a full-blood Oglala Sioux? — A. Yes. 

Q. You have lived (m the reserve here tor a good many years? — A. I have never 
been off the reservation. 

Q. Did you go with the Smith ])arty to Wyoming last month? — A. No; I went 
with William Brown. 

Q. What did you go for? — A. All I went for was because I am an old man, and if 
those young fellows should run across any game then they would give me some, and 
I would have something to eat and some soup. 

Q. Did you go for roots and herbs?— A. I went for paint, too. 

Q. Did you do any hunting while over there? — A. We killed some prairie dogs and 
prairie chickens and rabbits. Those fellows that you killed, those are the ones that 
did the hunting. 

(2- Did they shoot any antelope or deer?— A. Maybe. I was not with that party. 

Q. Did you buy or trade for antelope hides or meat? — A. Yes; I traded for some 
deer meat and hides with moccasins. 

Q. Did you get them of the sheepmen and the cowboys? — A. It was the sheep 
men that sold us the meat and the hides. Maylie those cowboys got some deer, 
too, because they always packed their Winchesters. 

Q. Were you present when Sheriff Miller and his party came to camp on the first 
day, the day before the shooting? — A. Yes. There were seven. Three of them had 
stars. 

Q. What did those stars mean? — A. I thought they were some kind of officers or 
policemen. 

(,2. What did they want? — A. I was away from camp that day. An Indian told 
me that there were white men at the camp, and when I got there I found the white 
men there. I did not talk with them. 

Q. Did Smith or Brown talk to them? — A. I understood from another Indian that 
Smith talked to them. I onlv know what I have been told. 



SIolX INDIANS OF I'lNK HIIHiE AdENCY, S. DAK. f).'^ 

*>. Did the other liiilian tell you what was waiitccl? — A. 1 iimlcrstoo"! Irom tlu- 
iitlicr Indian that lie wanted ns to t'o with liim. 

(I. Did yon refuse to ^ro with liiniV — A. Smith was tlieone that refused topi. The 
white men had tlieir Winchesters ri<.dit with them. 

• ^ I 'id William i>rown refust- to uro? — .\. William was uillinji to j^o alon;r with the 
white nu'ii. 

(^ What ilid the whiti' men elaim, that they should want you to K" with them? — 
A. This Charlie Smith told all the Indians to hitch n|i and hreak camp, we wanted 
to go home. So the Indians hitched up and lirokt- camp and those white men went 
along w ith tis. And tliey said, " Wt- w ill he hack in the morning." That is what I 
was told. There were some wagons aheaii and tlu-y wanted them to go to Newcastle. 
Then the white men left on the road to Newcastle. We traveled all the night and 
then we made camp in the morning. We made that camp there ami in the morning 
we started again. We traveled until the sun was jiretty low, trying to Hml water. 
I was the fifth wagon in the roail. I had my little hoy ahea<l. driving horses for me. 
We didn't t'X|)ect any troul)le on the way home. This young hoy [jiointing to hi^ 
son] ami another hoy were ahead driving horses, and there was a girl with them. 
When she got off her horsi' to open the gate she saw the white men. She came trot- 
ting hai-k and .siiid "Tiiere are some white men there going tf) shoot us. " I heard 
her say that. 

Q. Who Hretl the lirst shot? — .\. I hold up my han<l to the Great Spirit and say 
that it is the truth that we never expected any trouble. We had just crossed a dry 
creek and were making for the creek to get to water. We saw those men on horse- 
l>ack, and they wi-re all strung up the creek. I heard the white men .say something 
in English. 1 didn't understand what they said, Vmt it sounded to me as thougli 
they were cursing us. Then the white men tired into us and there was a general 
stampeiU'. 

t^ Did the Indians do any firing; and if so, who werethey'.'' — A. I was shot at the 
tirst volley and I tried to get out the best I could. I didn't even look back. 

(2- Where were you shot? — A. I was shut in the back, tlie bullet coming out in 
front, just in front of the hip bone. 

H. Did the shot pass through the entrails?— A. No. I was leaning over, an<l that 
threw my entrails to one side and the shot did not go through them. If it had, 
I would not be lying here to talk to you to-«lay. 

(I. Did you recognize the jiarty at the shooting to be the same as the ]iarty yuu 
met the day before?— A. The first day we met the men I did not notice what kind 
of men they were. That is, what kind of noses or faces they had. What made me 
think they were the same men is because they said they would be back the next 
day, so I suppose they were the same party, only there were more of them. 

(l. Did you bring your wagon back with you, or did you leave it in Wyoming".' — 
.V. I brought my wagon back; it is standing outside there [[lointing through the 
window]. My wife drove me home. 

(i. .\re you going to get well? — A. Yes; the wound in bai-k is healing up, but the 
wound in front makes discharges. 

il. Do you understand that it is against the laws of the State of Wyoming to hunt 
for big game, such as elk, anteloiK', deer, etc., without a licen.^e from the justice of 
the jieace; al.<o, it is against tlie law to buy or trade for raw hides of those animals? 
1 want you to explain that to your friend.s so that when tlu-y go through Wyondng 
again they will not get into "trouble over hunting game. IIow many Indians diil 
you see shooting'.' — \. I didn't see any of the Indians do any shooting. 

Q. Your statement will not be u.sed against you in any way, and I hope .\on will 
'jvt well. 



Witnes.ses: 

A. M. L.\NI)M.\N. 
F. C. (ioIN<iS. 

Iron White Man being present stated that he want to say this: 

In these treaties with lhe(;reat I'ather it said that if a white man killed an Indian 
he would be |iunished and if an Imlian killed a white man he would Ik- pnnishe<i. 
We are going to have a big c<(uncil and we woidd like to test this law and se*- whether 
there is anything in it. 

Mr. HiKKi:. When a white man or an Indian goes into an<illier State, he is l)ound 
by the laws of that State. Now, in the State of Wyoming it is against the law for 
outsiders, whether white man or Indian, to come into the State and shoot game 
without a licen.se. Of course if you are shooting game without a licen.se if is the duty 
of the ofiicers to arrest you. While the oflicer has no right to shoot you for a little 



54 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

frime, if you resist arrest and try to shoot him, lie has a riglit to shoot. Probably 
these officers will claim that the Indians shot first and that they resisted arrest, that 
is why they shot. This Sheriff Miller, who was shot, had a warrant for the arrest 
of two Indians, for having shot antelope in Wyoming without a license, so he had 
the right to arrest them. Probably this whole trouble grew out of a misunderstand- 
ing, and not out of any willful intention to shoot or murder the Indians. 

I am here to get the Indians' story and account of this affair so the Government 
at Washington may know who is in the wrong, so that the Government may know 
whether it is the Indians or the white men that have done wrong; and the Govern- 
ment will see that the right thing is done, and will protect the Indians under the 
treaties, and see that they get their rights as men. 



Talk inth Chief Blue Horse. 

I had a talk with Chief Blue Horse, who claims that he was one of the signers of 
the treaty of 1868, and the way he understood the treaty was that the Indian would 
be allowed to hunt anywhere game could be found as long as he existed as a race. 
The talk was that in a hundred years the Indians would become as the white men, 
tillers of the soil, and would no longer care to hunt, and that the buffalo would surely 
remain as long as that time. He did not understand that the Indian was to relinquish 
anything, in that treaty or any other treaty, in the way of rights to hunt. 



Department of Justice, 
WasJiiiKjtou, D. C, December 32, 1903. 
Sik: As retjuested, I have caused a full report to be made by United States attorney 
for Wyoming, concerning the trouble in that State with certain Indians and the 
killing of Sheriff Miller, of Weston County. 

Under separate cover I send you the report in question, with its inclosure. 
Respectfullv, 

W. A. Day, 
Acting Attorney-General. 
T e Secretary of the Interior. 



Office of United States Attorney, 

District of Wyoming, 
Cliei/einw, Wi/o., Deceinlier 17, 1908. 

Sir:- As reported in my letter of November 17, and as per your instructions here- 
tofore given, I attended the preliminary hearing of nine Indians, arrested and charged 
with the murder of Sheriff Miller, of Weston County, this State, which hearing 
resulted in the discharge of the nine Indians and their return to the agency. The 
discharge was procured by a demurrer to the evidence offered by the State, the 
evidence failing to sufficiently identify the Indians under arrest as being ]>resent at 
the scene of the shooting in Converse County at the time the sheriff of Weston 
County was killed. I transmit herewith a co])y of the evidence as taken at that 
hearing. 

Further following out your instructions to "investigate thoroughly the whole 
trou))le with Indians and report," and your further instructions of November 21, 
directing ine to go to Pine Ridge Agency for the purpose of interviewing the Indians 
and taking their statements of the oi-currence, on November 25 I left home for the 
Pine Ridge Agency and there took the statements of J. R. Brennan, the agent, and 
fourteen Indians, all of which, with the exception of two, were under oath. I here- 
Avith send you these statements: 

I also attach to this report a copy of the Wyoming game and fish laws. Sections 
2107 to 2120 were involved in the consideration of this matter. It should be ol)served 
that section 2116 makes a violation of the game laws of this State a misdemeanor; 
likewise a violation of section 2120 is made a misdemeanor. 

It is to be observed: 

1. That the Indians in question had left the Pine Ridge Agency in two parties at 
different times and under regularly issued permits from the agent, Mr. J. R. Brennan, 
and for |)urposes that were lawful. 



Siorx INDIANS OF PINK KIDdK A(iKNrV, S. DAK. 55 

-. That tlu' warrant issued out of tlu' justice of the |)ea(v's court of Weston ("ounty, 
charjrin;: the violation of tlie jranie hiws, was aL'ainst John Doe ami Riclianl Doe, 
liiit two persons. 

."•. That tlie attenii)ts, if sucii they were, to niaki- an a' rest under tliat warrant was 
made hy the siieriff of Weston County in Converse County on some twenty or 
twenty-iive men, l)esides women and children. 

4. That at neither attemi)t at arrest, if su<'h they were, does it appear tiiat the 
Imlians. or any of them, were eniratred at thi' time in tin- violation of any law of the 
State of Wyoming:, unless the testimony is to he accei)ted that the Indian Smith had 
ujion his iiorse, when he returned to his ])arty at the time the sheriff first vi.-ited 
them, an antelope, which fact is denied hy a nundierof tln' Indians in their evidence. 

r>. That while the Indians deny havin<r killetl any ^ame such as would he a viola- 
tion of our frame laws in the State of Wyoming, they adndt havinjr traded moccasins 
and articles of their own manufacture for nntamied hides of deer and antelope. 

• ). Tliat there is an ah.solute disa^rri-ement ln'tween the testimony of tho.>^e coni]>os- 
in>r the sheriff's party and that of the Indians as to who cduunenced the shootini: 
ui>on the second day on the occasion when the sheriff of Weston ( 'ounty and a deputy 
sheriff of Converse County were killed; al.so four Indian.^ — Charles Smith, Black 
Kettle, (Tray Bear, and Peter White Elk, a hoy — and two were woundeil, .Mrs. Smith 
and Lost Bear. 

7. That at the time of the shootiufron the second day the Indians were struntrout, 
the procession coverintr from one-fourth to one-half of a mile, some ridinjr in their 
wairons, others on their horses, the proce.ssion l)eing headed l)y a hunch of jjonies- 
driven hy a jrirl of 17 or IS years of ajze and two small l)oys. Their attitude, at least 
at that time, was not threatenin<r or menaciuir. The aiiproach of the sheriff and his 
pos<e. after they left the road and took uji a dry iiulch umler the creek liank, was 
threateninj,' ami menacintr. Ijut the lesult of the entire occurrence was not unnatural, 
for .^^eldom tlo two bodies of ariiu-d men with cross purpo.ses n)eet that shootinir does 
not occur. The snapj)in<r from stei)[iing upon a dry twig or like occurrence under 
such circumstances may be the mistaken fact that leads to the fatal act. 

5. That while there is some dispute in the evidence as to how many Indians par- 
ticipated in the shooting, the weight of the evidence is to the effect that not more 
than four or live actually took part in the shooting, the greater number of the 
Indians, both men, women, and children ])roniiscuously tieeing from the scene. 

I would suggest as conclusions of law in the matter: 

1. That it is very (luestional)le, even in view our of statute, section o218and section 
5217, as to whether the sheriff of Weston County was not acting without authority 
of law and l)eyond his juri.-^diction (a) in attempting to arrest umler a warrant for 
two j>er.>;ons some forty or fifty individuals, ami especially as an arrest thereunder of 
one party of more than two had already been ma<le. 

In making this finding, however, I desire to say that I think a mistaken action on 
the i)art of the sheriff of Weston county should not be attributed to any wrongful 
motive or ])Urpose on his part, for .Mr. .Miller was known to me to l)e a good otlicer. 
a brave man. and one who intended to be right in all his actions. What I say of 
Sheriff .Miller of Weston County I can also say of several of his jios.'^e, with whom I 
am personally ac(|Uainted and whose general rejiutations I know; others I am not 
ac<|nainteil with and do not know their reputations. 

2. That the Indians, as matter of fact, were guilty of violating the game laws of tin- 
State of Wyoming, of a certainty of section 2120, i)robal>ly ignorantly, in that they 
had obtained by bartiM' green and untanned hides of ainmals mentioned in section 
2107, an<l they could have been made to answer for a misdi'Uieanor in this regard, 
projierly chargcil in the county where such offense had been conmiitteil: but it is 
very doubtful if they were subject to arrest imder tlie warrant held tiy Slicriff Mil- 
ler, in Converse County, at the time of the occurrence complained of. 

;i That I do not find from a reading of the various treaties made with the Oglala 
Sioux that they had reserved any right to hunt off their reservation after the l)uffalo 
should cease to exist in "numbers as to ju.stify the chase;" their treaty of ISHS being 
merely that they should have the right to " hunt so long as the buffalo may range 
thereon in such numbers as to justify the chase," being an entirely diffen'ul provi- 
sion from that maile by the Crow and the Shoshone and other Indians, w liich are to 
the effect that they should have the right to hunt upon the mioccupicd lands of the 
Cnitcd .^fates (iovernment so long as the game shoultl exist in sullicirnt i|uanlities 
to authorize the chasi". The latter pro\ ision as it appears in a number nf tieaties, 
however, has been construed against the Imlians' right, in violation of State law sub- 
sei|uent!y ena<ted, in the ciuse of Ward, Sheriff, r. Race Horse ( lti:> [' . S. Rep., iSO-i). 

The conclusion is force<l up<in me that the Indians weie legally justified in resist- 
ing arrest under the con<litious shown, but not to the extent of using deadly weapons, 
niile>> tlu- sheriffs ]M)sse first nsed their gnns, and as that fact is in such hopeless 



56 STOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

uncertainty I can not believe that anything is to be gained by further prosecution, 
for M^ere proceedings to be had against either party the proper apphcation of the rule 
of reasonable doubt would acquit the accused. A decision resulting from either race 
prejudice, supercilious generosity, or from a guess would but make a bad matter 
worse. 

The statement of the agent, Mr. Brennan, is not signed, as he left the agency 
shortly after making the statement before the same could be extended, and had not 
returned at the time of forwarding this testimonJ^ 

I inclose the bills of the two stenograph.ers emploA'ed in taking the testimony. 
Respectfully submitted. 

Timothy F. Btrke, 
United iStatcs Attorney, District of Wyoininti. 
The Attorney-General, 

Washington, D. C. 



The State of Wyoming, County of Converse, ss: 

The State of Wyoming v. He Crow, Fool Heart, Jesse Little War Bonnet, C'harging 
Wolf, Broken Nose, James White Elk, Red Paint, Jack High Dog, Iron Shield. 

Douglas, Wyo., Nnrember 14, 1903. 
D. O. Johnston, a witness called on behalf of the State, who, being first duly 
sworn to testify the truth, the whole truth, and nothing but the truth, testified as 
follows: 

Direct examination by W. F. Mecum, prosecuting attorney : 

Q. Please state your name, age, residence, and occupation. — A. I). O. Johnston, 
Newcastle, Weston County, Wyo.; age, 34. 

Q. What is your occupation? — A. At the time this occurred I had charge of a 
saloon in Newcastle. 

Q. State whether or not you were acquainted with one William H. .Miller.— 
A. Yes, sir. 

Q. What official position, if any, did he occupy? — A. Sheriff of Westcjn County. 

Q. Where did he reside? — A. Newcastle, Weston County, Wyo. 

Q. State whether or not you are acquainted with any of these defendants. — A. The 
first time I met them was on Friday, October .lO. 

Q. Where was that? — A. On what they call the Dry Cheyenne River, in Converse 
County. 

Q. Do you recognize any of these men, or all of them — identify them as men you 
saw at that time on the Cheyenne River? — A. Two of them, for sure. 

Q. Which two was it? — A. Red Paint and Jesse Little War Bonnet, the second 
one from this end. 

Q. Do you identify any of the others as those you saw this first day? — A. I 
wouldn't want to swear positive to the others. 

Q- How did you come to be there at the Indian camp on this day? — A. I was 
deputized by Sher'iff Miller to go out and arrest Indians for killing antelope. 

Q. Who, if anyone, was with you and Sheriff Miller? — A. Frank Zerst, Vred 
Howell, Ralph Hackney, Jim Davis, Jack Miller. There were seven of them. 

Q. How many Indians did you see at this time and place? — A. Twenty-three male 
Indians; that is, grown men. 

Q. What else (lid you see there? — A. Tents, wagons, squaws, children, and iionies. 
They were in camp. 

Q. Go on and tell al)0ut how many you saw there? — A. I never counted any but 
the men; but, if you want me to start and tell just what occurred, we rode in the 
camp at 10.30. I looked at my watch. Some of the Indians seen us coming, and 
four, I believe, met us on the top of a little hill, I should judge al)out a hundred 
yanls, maybe seventy-five, from the camp. The sheriff rode up and asked who the 
the chief was. They said it was Charlie Smith. This Jesse Little \^'ar Bonnet was 
riding off by himself toward the hills. He came in ahead of us and then started before 
we got to the (-amp. He didn't wait. Then one of the other Indians hallooed at 
him, and he stopi)ed, and Sheriff Miller went over and brought him l)ack. He 
stated what he was there for. They wanted to wait until Smith came. Mrs. Wil- 
liam Brown, I believe, if I re!nenil)er rigiit, got our <linner. About 1 o'clock Smith 
came in with an antelope on his saddle, all aloni'. Then Sheriff Miller read the war- 
rant. Smith wanted to wait until Brown came in. Brown was a chief also. 



Slor.X INDIANS OF IMNK KllXiK AiiKNCY, S. DAK. .) ( 

Q. Did Miller have a warrant for these Indians? — A. Yen, sir. 

Q. Did yon state he read it to them? — A. He read it to Smith. 

(,2. Wild else was present when lie read tliis warrant? — A. Smith's wife. I think 
j>rohal)ly. was the only one. 

(2- How many Indians were present at that time? — \. I think Smith's wife wa.s 
the only one of the Indians ontside himself. They were in camp, hut not in the 
tent. 

t^. Ihiw many of these Indians were there there that cmmM talk i-inulish, or did talk 
Kn>rlish.' — A. Mrs. Brown talked Knjilish; the tlan<;hter of (iiay liear, I believt — I 
ilon't know what her name was — talked Kn^lish; Snnth talked En<rlish; Je-sse Little 
War Bonnet talkinl .<ome. 

(l This i>ittle Jesse War Bonnet'.'— A. Yi'S, sir. 

i^. (ioon and state what occurreil, just what was done after that. — .\. They told 
us there were two more bucks out, and about 'A o'clock. I should juil-re, i'.rown came 
in with the rest of the Indians. They came over the hill ridinjjon the lope and hol- 
loing as they came. At that time we were in front of Charlie Siintifs tent; had a 
lire built there. When they came in the sheriff jrave them timi' to talk it over, and 
a.<ked them what tliey were iroiuir to do. Snnth .«aid: " We haven't killed any ante- 
lope: we trailed moccasins to the sheep henlers for them." The slu-riff sai<l then, 
"if that is the case, I don't suppose they can do anything; with you after you <:i't to 
town. I have a warrant ])Ut in my hands for your arrest to brin<r yon to Newca.>Jtle. 
Of eoui-se I will have to take you." Smith said: "lam no danm fool and know 
more of law than you do. I know the sheriff's duties, but if you want trouble yon 
can have it." The sheriff said: "We don't want no trouble, I came here to do my 
duty as an otlicer. " 

Q. Was that all that was said tiiat vou remendier? — A. That is about all that was 
saiil that time: then they bejran to hitch uji. 

(^ When this conversation occurred, who, if anyitne, was present beside the 
sheriff.' — A. All these seven, the names I mentioned. 

(2. The .«even white men that were there? — A. That's what I mean. 

Q. How many Indian.<' — A. .Ml the male Indians; all the bucks that wa-^ incamji 
there. 

<.2. State to the court, if you know, whether these other Indians that coul<l u<it talk 
I-'nirlish nmlerstood what was wanted by the white nien. — A. They were talkiiiLr in 
Indian by themselves. Mr. Brown and Smith talked in English; then they talked 
in Indian. Tiiat's all I know whether they understood. Of course I couM not under- 
stand what they were sayinL^ 

(j. I'id the Indians understand what the sheriff was there for. what his ollicial 
jiositioii was; did he make that known to them at that time? 

Mr. BiHKK. We object to this as bein<i: incompetent and callint' for an ojiiniou. 

(2- I)i<l you examine the Indian wajrons or their camp at this time'.' — A. No, sir; 
not just at that time. 

C^. What was ne.\t said and done'.' — .\. The Indians hitched up and be<.'an tostrina; 
out. This Red I'aint took the U-ad; drove up out of the creek liottom and started 
across. I think they were •roing a little bit southeast wlu'U they tirst started: drove 
al)out between a fourth and a half a mile, and then came to the roail that would take 
us to Newcastle, jroing ])ast the Fiddleback ranch. 1 said, "they are crossinir our 
road; they are not iroinjr with us." He rode up and told Snnth, "that is not the way 
to po; I want you to turn these Indians and go down this road to Newca.'^tle. Smith 
said: "By (i(u\, I don't live in Newcastle; I am not going there." 

The sheriff turned back to me — I hap]»ened to be closer to him than the other 
boys — and saiil, " He won't go; what will we do?" I suggested hegoand see I'.rowu, 
the other chief, and talk to him. lirown told the sheriff he would go if Snnth 
woidd. He came back and talked to Smith again. Smith refnseil togo. He turned 
back and wanted a little advice. I sugtrcste(l to him to go ami stop the guide. Kcd 
I'aint was probably IM) yards ahead of the fori-most wagon of Indians; they were all 
along in a string; Indian bucks were distributed along after the wagons; they wt're 
all on horseback with ginis. He rode to Smith and looked back at me. I rode up, 
and the boys all came, one by one; also all the Indians. The sheriff stood there, 
talked to them; tried to get them to turn the guide. Smith gave tlu' guide orders to 
go straight ahea<i; all the Indians, including Brown, said sometinng we could n<it 
understand, and motioned iiim to go straight ahead — that is, from the direction we 
wanted them to go. 

(2- Did he start t<i go aheatl? — -A. He went ahead an<l the wagons foll()wed. We 
were pretty much surrounded by Indians, part of them on the ground at that time 
and part on horses. The sheriff saiil to all the white men —we were all in a l>unch — 
he said, "What will we do — ride to the nearest hill?" There was a hill, not exactly 



58 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

to the left Ijut a little ahead of us, probably 200 yards to the top of it. He said, 
"We will ride up there and trj' to stop thein." No sooner had he said that than 
Jesse Little War Bonnet and another one ran their ponies to the top (if the hill 
before we even started there, and stood on top of the hill, sitting on their horses. 

Q. How were the buck Indians traveling — in the wagons, on horses, or on foot? — 
A. All on horseback. 

Q. Who were in charge of the wagons? — A. Squaws were driving the teams. 

Q. Did you have any trouble with any of them at the time you were talking with 
Smith and Brown, at the time when you stopj^ed the guide? — A. Smith insisted he 
wouldn't go to Newcastle; told the guide to go straight ahead, very nearly opposite 
from the way we wanted them to go. 

Q. How did all these other Indians you say spoke Indian, act? — A. They rode up 
in a bunch, all talking in Indian, and motioned to him to go straight ahead, the way 
Smith said he should go. 

Q. State whether or not the Indians at this time made any demonstrations or did 
anything to indicate that they would resist the officer by use of force if necessary? — 
A. The largest part of them surrounded us on the outside. We were in a boily in 
the center. Part of them were just in the rear of us and dismounted. I think four 
of them had their guns in their hands, and the rest were standing by their jionies 
on the side the guns were on. Part of them had guns on their horses and part in 
their hands. 

Q. Was there anything else you remember at this time the Indians did? — A. Not 
that I saw; that was one of the other witnesses. 

Q. State if there were any songs sung. — A. One old squaw sang a song, we took 
it to be a war song; she made a peculiar noise. 

Q. What did you do next — you and the sheriff's posse? — A. After that the sheriff 
says, "We will go to the Fiddleback ranch and get more help and head them off 
down below." We rode to the Fiddlel)ack that night and we staid there all night 
and got Steve Franklin and Charley Harvey, and on Saturday morning, the 3ist, 
about 7.30 o'clock the sheriff sent Jack Moore and Frank Zerst south from the 
Fiddleback, in the direction we left the Indians the night before about sundown, 
with instructions to find the direction they went and meet the rest at Jake Mills's old 
cow camj) on Lightning Creek. The sheriff and the rest of us went on down the 
Cheyenne River. Falkenlierg came from Olson's ranch. We met John Irvin build- 
ing fences and he came wdth us toward Lightning Creek. We met uj) with two 
strangers. The sheriff stopped and asked them where they came from — asked them 
if they had seen any Indians over there. They said they had not. The sheriff told 
them we were looking for Indians that had gotten away from us the day before, an<l 
suggested he deputize them and take them along. They finally agreed to it. We 
all then started on to the ranch. The names of the strangers were Oeorge Fountain 
and H. Coon, of Wessington, S. Dak. I think we all got to Mills's ranch, as near as 
I recollect, about half past 2 or 3 o'clock. Charley Harvey turned in and got dinner. 
Half of us had eaten dinner and the other part were eating, and Jack Moore and 
Frank Zerst came in riding very fast. The sheriff asked them what was the matter. 
They said the Indians were back about a mile and one-half coming right on us. 
Those were the words he used to the sheriff. Miller gave orders to have our horses 
brought in — they were turned out on grass — and we saddled them up and started 
down the creek — down the road, rather— to meet the Indians for the purpose ol 
arresting them. Miller told the boys he wajited nobody under any consideration to 
fire a shot unless it was absolutely necessary. We had those instructions from the 
time we left Newcastle every day. 

Q. Where did you go? — A. We rode around the road from the ranch house; I 
should judge following the road it is very near a half a mile. Between a fourth and 
a half a mile we innnediately got sight of the Indians. Part of them were through 
the wire fence, a bunch of ponies and some wagons. The Indians began to dismount, 
some off of wagons and some off of ponies. When we saw them dismount we left 
the road and ran right down to the creek bottom. 

Q. I will ask if this [indicating a diagram] is a very general representation of the 
place you call Mdls's canq) and Lightning Creek, and the road you speak of and the 
place where you met the Indians? — A. Yes, sir. I sIk >uld judge that is as good a map 
as a man could draw without surveying. 

Q. I will ask vou to state what this represents, leferring to that mark "creek." — 
A. The creek. 

Q. Which way does it fiow? — A. To the right. To the northeast the way the map 
is drawn. 

Q. What do you say this represents? — A. I should say sheep pens. 

(.}. Wliat does this represent? — A. A line of rough hills, very rocky. 

Cl. And what does this represent? — A. The wire fence. 



Siorx INDIANS OF PINK RIDCK AiiKNCY, S. DAK. 59 

(y What does thig represent? — A. Tin- mail. 

(.}. l'|)nii wliicli you were travelin<: ami tiie Imliaiis svt-re travcliii<:'.' — A. Yes, sir. 
We were p)iii': arouiid the other way. 

'^ Which way were you traveling:? — A. Kitrht upon tiiat road. 

1^ Which way were the Indians traveling:? — .\. T<iward us. 

*}. ."^taml l)y the map, if you will, and point out just the movements of yourself 
and the sheriff's jiosse an<l the Indians you saw. — .\. We saildled our horses and 
started from the ranch hou.^^i- anil followed the road ri«riit around until we came riyht 
to there [indicating,' on the map]. Wi' followed the road from .Mills's ranch amund 
the hend of the creek until we came in sight of the Indians coming toward us. The 
Indians were going north and we were going in a southwesterly direction when we 
.■^aw them right here [indicating on the map]. Tart of the Indians were through the 
wire fence coming toward us, and the first we saw of the Indians some of them were 
ilisniounting from their horsi-s, some from the wagons. Instead of following the 
road on to meet them we turned off the road and started south, rigiit down the creek. 

.Mr. HiKKK. I take it you mean up the creek, not down the creek? 

.\. In the road. 

* I. You turned off from the road at tlu- point marked on the maji "No. 2?" — .\. 
.\nd went n]> the creek, south, until we got to this wire fence marked ••.'!."' We dis- 
mounted and left our horses hy the wire fence, got through the fence, and went on 
uj) the creek. Part of us was right hy this crosi*, that will he "No. 4." that was the 
extreme right of us. We were strung out down the creek at that time jirohahly ^"> 
yards, the 18 of us. John Owens was farthest U}) the creek, that would he the 
extreme left of us; Sheriff Miller was next. They hoth started up on the hank at 
the same time toward the Indians. .Johnnie* )wens and Sheriff Miller threw uji their 
hands and used words to this effect — I could not stati' the exact words, I heard part 
of them: ■'Hold on; surrender; you are jirisoners." Those were the words I hi-ard 
used distinctly. There was an Indian right over toward these pens, ahout 40 yards, 
or tM, in that direction, raised his gun and tired at John Owens. 

<^ How far do you say it was from this creek to the road? — A. Just ahout oU yards. 

(}. How far would you say it was from where you first i-rawied through the fence 
to this sheep pen'.' — A. .\hout 200 yards. 

(^. Where were the Indians that you saw, and ahoiit how nuiuy of them? Descrihe 
the Indians. — \. There were at least two wagons — 1 wouldn't say positive there was 
three — through this fence, and a l)unch of loose ponies, and the rest of the wagon?* 
were strung along from there pretty much down. I thiid< the line of them were 
along ahout the shei'p i)ens. 

(^. (jo on. — A. When this Indian at No. ."i lired at .lolmie Owens every man of 
the thirteen except one ran up on the hank and was right along on the top of the 
bank. One man stayed right here behind the hank, Frank Zerst. He had nothing 
tiut a six-shooter. 

<2. I>id you hear the sheriff say anything else, or Mr. < )wens state any t lung else'.' — 
.V. I heard the shot fired, and then the firing became general. 

(^ Which way wa< that sliot you s|)eak of fired from? — A. Cornerly direction 
from the sheep pens; it was right in there. I saw the man that fired it. 

<2- Was he Ix'tween the road and the creek; or where woidd you say he was?— .\. 
Between the road and the creek. 

'^ Will you locate it as near as you can on the mai>? — A. "No.o." I have marked 
it rigiit there. 

• 2- What followeil? — A. I was right here between this lirst tree and the wire fence. 
I heard Louis Falkenl)erg let a yell out of him. He turned and I saw blood sjiurt- 
ing from his neck. He rolh d over on his side. The shooting kejit U]). Some 
of the Indians down hy the sheep ])ens turned and ran. somi' stood their ground and 
fought, and some of them rode on, started lu-ri' right near the gate marki'd "t>" and 
went west on top of this range of hills and rocks, and by that time the Indians who 
were still mounted had all left the road and gone back the road or gone over the 
hills. 1 turned around an<l said to Mr. < )wcns, " Here's Louis Falkenberg. lu' is 
d.-ad." 

<^ \Vhirc was Louis Falkenberg shot? — A. Kight near .No. 4, hetwei'U the lirst 
tree and the fence. Tlu-n Mr. Owi-ns was on up the creek from him aliout 20 or .'iO 
yards. He said, "Sheriff Miller is here, shot all to hell." I walked up to where 
Sheriff Miller was. I said, " Johnie, he is not dead; we will have to get him to the 
house." Owens said, "You boys get Miller to the house," and said, "I will watch 
the Indians." 1 unl)uckled Miller's belt of cartridges and six-shooter and buckle<l 
them on Johnie Owens. He stayed on the bank and watched the Indians. Sheriff 
Miller dieil about twenty minutes after we got him in the house. 

<^ How long after the first fire was it tlie Indians remained there? .\. It coild 
not have been over four nnnutes at the outside. 



60 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. When you rode up to that position and climbed through the fence and the 
sheriff went out toward the Imhans, was there any of the Indians, that is, these 
men that were in sight then? — A. Yes, sir. 

Q. What were they doing? — A. Some of them were in the wagons; some were 
dismounted, on foot, with their guns, and some on horseVjack. 

Q. What were they doing with their guns? Did they have them in their hands 
ready for use, or was it the wa}' they were just carrying them all the time? — A. The 
ones near us had them in their hands. 

Q. You say they remained about four minutes after this. You tell about the 
sheriff and Mr. Falkenberg being shot and you were watching the Indians. Had the 
Indians at this time, you say you were watching, all left? — A. Part of them went 
west ujj toward the ridge of rocks and hills; some were on foot; some were sitting 
on their horses right up on this ridge of rocks about 250 yards. 

Q. Where were the wagons? — A. Most of them — twelve, I think — had went down 
this road; three of them had started up and went over this rocky ridge and disap- 
peared. 

Q. How far away was it from the creek to tiiis rocky ridge? — A.' Two hundred and 
fifty yards to the top of it, I judge. 

Q. Were the Indians at this time shooting at the white men? — A. There were two 
or three shots came from the top of that ridge; that was all. 

.Q. You say Sheriff Miller was shot near the corner where you climljed up the 
bank? — A. Sheriff Miller was shot near this tree. 

Q. How was he shot, with two bullets or three? — A. One [indicating left thigh]. 

Q. In his thigh? — A. Right in through there. 

Q. Bullet came out again? — A. It came out directly in the rear, more up in his hip. 

Q. Do you know from where that bullet came? — A. No, sir; didn't see that part of 
it myself. 

Q. I will ask if you recognize any of these Indians as being present or being pres- 
ent and taking jiart in this shooting on the 31st day of October, 1903? — A. I am sure 
I saw Jesse Little War Bonnet on foot up the creek with his gun. 

Q. Will you i^lease locate on the map where you saw him? — A. Right along about 
there ( Xo. 7 ) . There are a number of live trees standing and some snags. 

Q. What was he doing? — A. At the time I saw him he had started down the creek 
carrying his gun in his left hand like this [indicating]. 

Q. Was he going from you or toward you? — A. Going from me. 

0- Had his gun in his hand? — A. Yes, sir. 

Q. Had you seen him before on this daj'? — A. I had not. 

Q. \\'hich way did he seem to be going; from where was this starting ])oint? — A. 
He was out in a northwesterly direction from No. 7, between the road and the creek; 
starting from out here, came right across that way, right to the creek bed. 

Q. Can you identify any of these other men as being present? — A. Not on the olst. 

Q. About how far were these Indians from you when you say they were shoot- 
ing? — A. Different distances. Part of them were 50 yards from the creek bed, right 
at this road. 

Q- How many of the white men were shooting toward the Indians? — A. I could 
not say as to that, because I did not see all of them during all this time. 

Q. Were they all shooting, you think — taking part? — A. Yes; I am satisfied they 
were all taking j)art. 

Q. About how many Indians were shooting? 

Mr. Burke. Just what you know. 

A. Of course, outside of the reports of the guns I could not swear there were over 
two taking part, as far as I could see. Part of the time these trees were between me 
and the main l)mich of Indians farther down. I was on the extreme right, nearest 
the wire fence. 

Q. Will you point out on this maj) where the trees appear, as you remember it? — 
A. There was one a little ways from the wire fence up the creek, near No. 4. There 
was another very large cottonwood tree farther up the creek, about 20 yards from 
the first one, and on down farther 75 yards were a number of trees. From that on 
as far as we could see u{) the creek bed were trees. 

Q. Were the Indians and yourselves using black powder or smokeless? — A. Ten 
of us hatl what we call the modern 30-30, 30-40 using smokeless ]iowder. One man, 
Coon, had a 32-40 using a lead bullet. I don't know whether that was black powder 
or not; that was a 3Iarlin rifie. Two of them had six-shooters. 

Q- When the Indians were shooting could you see the fiash of their guns? — A. 
Could see the smoke as it rolled up from the black ])owder. 

Q. How many did you see that were taking part in this fight? — A. From where I 
was I could see only two; the smoke coming out of two. I am only sjieaking for 
myself. 



SIOUX INDIANS OK IMNK KFIXiK A(;ENCY, S. DAK. <)! 

Q. Where were these other Iiidiaus yon speak pf seeing in the first place; ahout 
how many Indians were there in this eanip — male In<lians? — A. There were 15 
wajrons; of eonrse, we di(hi't eonnt them, we had the ilay liefore; hnt tiiere were 24 
Imcks. 

<^ Did yon recognize these as heinir tlu- same hand nt Indians yon met tiie <lay 
liefore? — A. Yes. sir. 

• ^ Can yon locate where yon saw this flash or luard the reports from? — A. One 
of them witJJ over at this corner of the eorral; that wonld he tiie northwest corner of 
these sheep pens. It was a very large report: seemed to he a larger hore gnn than 
any of the rest; seemed to he a large amonnt of smoke <'ome out of it. 

il. Where was the other one? — A. That was Smith himself hehind his wagon; 
that wonld he No. S, as near as I remember, ahont L'O yaiils from the wagon road and 
to this range of rocks. 

(I. .\fter the hattle how many Indians lay on the gnmnd killed or wounded? — A. 
i wasn't ont there that same night. 

(2. Did yon go aronnd and .><ee where the wonndnl did lay? — .\. Ndt me; two 
others, John Owens and Frank Zerst, went aronnd. 

(1- Were they there the next day, the Imlians? — .\. There was one, a lioy. laid ont 
near where yon have got that jiictnre <lrawn. 

(}. What does it represent? — .\. That re})resents a dead horse. 

^^ When was he left there; was that hor.se killed in the battle?— A. Yes, sir. 

(}. Whose horse was it? — A. One of the Indian's horses. .\ boy was riding it. 
The boy was shot right in the top of the head and the horse was shot, and the boy 
and the horse lay very nearly tonching. 

(2. Where that other cross is near tignre S, who ilid yon find laying there? — A. It 
was the other man fonnd him. lie was not there when I was there the next morn- 
ing. 

(l- Was there any other man yon saw on the gronnd there'.* — A. Yes, one laid near 
where this cross is. An Indian s(|naw said he was Black Kettle. (Location marked 
" No. !»'' (Ill the map. ) 

(2- Did yon find any others the next day'.' — A. No sir, thesqnaws had went np and 
linried their father; one showed us where they (Jut him; I didn't see him after the 
tight. They had wrajijied him nj) in canvas. 

(}. Was tiiere any trees on the west side of the road other than those marked on 
this map'.' — \. I think not. 

(2- State the character of theconntry there. — A. On the west side it was very rough, 
high sage tjrnsh, a range of hills, as I said before, and very rocky. 

(.2- After this first tire which way <lid all the Indians retreat from the road? — .\. 
Part straight down the road; part west to that range of hills. 

(I. Was it possible for anyone to hide there in that sage brush, in these rough 
pla<-es, so as to be out of sight and yon not see them? — \. Yes; the sage brush 
between the road at this p<iint where the dead hor^e is and the range of hills over 
here, the sage brush was possibly 4 feet high. 

(2- Did you see any Indians go that way when they left you'.' — A. No, sir, I didn't; 
the ones I saw went straight we.«t from where Smith's wagon was. No. 8. 

(2. What did you next do then'.' — A. After we took Sliller to the house we got 
things in shaj)e for tlie night; we didn't know but what they might come back. We 
put the horses aronnd the hay.^tack, inside the corral, and left the saddles on part; 
part of them we took off. Stejilien Franklin started to busk for a doctor. Charlie 
Ilarvy said he was going to Lance Creek. Next morning, about 9.o(), .lim Davis and 
Kalph Flackney took the boilies of Sheriff Miller and FalkiMiberg in a wagon and 
started to Newcastle. .Monday morning, abunt 9 o'clock, 1. John Owens, (ieorge 
Fountain, IL Cfton, Jack Mills, and Frank Zt-rst started to town with some of the 
jionies we got off from the bunch, and Smith's wagon we found (tver in the.se hills 
witli no team to it. One of the wagons we foimd Sunday afternoon behind the sheep 
pen, in the creek; it had a nmle and brown mare hitched to it. The mule was down 
and could not get up. We uidiitche(l them and took the horse off and hauled the 
wagon to the Ikiusc with a saddle rojie and examined the wagon. Smith's wagon 
we nidfiaded and took to town and put the ilried antelope meat in a .storage house of 
Jake Mill's. The antelope hi<les in these three wagons we took to Newcastle, where 
they are now. 

(2- I will ask you to state, if yon know, whether any of these other men were pres- 
ent at the time of the firing at Sheriff Miller and the posse. — A. I would not want to 
identify them. I don't think I could. 

(2. You simply identified .lesse Little War i'.unnet'.' — .\. Smith 1 saw before he was 
shot; he was right opposite me. 

(.2. Did yiiu recognize any of these other Indians that were shooting after they 
were killed'.' — A. I recognized Smith and Black Kettle. 



62 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. Who was the nearest one to you? — A. Smith. He wasn't killed outright, ))ut 
died next evening at 8.20. 

Q. About how far from you was Smith that you recognized him? — A. He was 
about' 60 or 75 yards. 

Q. About how far was Black Kettle from you? — A. The way I recognized Black 
Kettle was after he was dead. 

Q. You didn't recognize him when he was shooting? — A. I saw what I took to be 
him fire the first shot. I wouldn't swear it was him, but it was an Indian who 
looked like him. 

Q. These Indians, you say, got behind trees; how far was that from where you 
were located? — A. The one I speak of down here, Jesse Little War Bonnet, was 
about 125 yards. 

Cross-examination by Mr. T. F. Burke: 

Q. You reside at Jsew Castle, I understand you? — A. Yes, sir. 

Q. "Will you state again how you came to go out with the sheriff? — A. I was depu- 
tized by the sheriff to assist him to arrest a band of Indians that were reported to be 
hunting in the western part of the county. 

Q. Who brought that report to the sheriff, do you know? — A. No, I don't. 

Q. Did the sheriff come to you and ask you to go, or did you go to him and offer 
to go? — A. The way I come to go: Two years before this he went on a similar trip 
and asked me to g(j with him and I could not get away. We were standing there talk- 
ing over tlie situation of these Indians being out there and the sheriff said, "If I go 
to arrest these Indians I will have to have some men." I spoke up for one and said 
I would go with him. 

Q. The sheriff was really opposed to going out after these Indians, was he not?— A. 
Not that I know of. 

Q. Who was it urged hini to go, if anybody? 

Mr. Mecum. That is not material; he had a warrant; he had to go. 

The Court. It is inmiaterial. If he had a warrant, it was his duty to go. 

Q. Do you know whether he had a warrant at the time? — A. He didn't show me 
any warrant at that time. 

Q. Did he deputize you by any paper?— A. No, sir. 

Q. You said you would be one to go? — A. He had some stars for deputy sheriffs, 
and he gave me one of the stars; handed it to me and said: " Pin that on your vest, 
I deputize you as a special deputy sheriff to arrest Indians for hunting game." 

Q. Were you present when others were deputized? — A. Only one. 

Q. Which one was that? — A. I think it was Jack Moore. 

Q. Now, you went out there, that was on Friday, was it? — A. This was on Thurs- 
day that he deputized me, and the next day was the 23d, we started out. 

Q. Where did you say it was you came across the band of Indians, or came across 
Mr. Snuth? — A. We came across an Indian trail in Little Thunder Basin, and there 
were three men sent down Porcupine Creek to meet us on what they called H. A. 
Creek that night at a man's house by the name of Wright. 

Q. Where did you first meet any Indians? — A. We first met the Indians on Chey- 
enne River. We struck the trail and we were told by settlers that there were Indians 
killing antelope. This was in Little Thunder Basin in Weston County. 

Q. Where did you first find any Indians or come acro.ss any Indians? — A. On what 
they call Dry Cheyenne River, ii> Converse County. 

Q. Whd was it you say you met there? — A. The other boys, the men we sent out. 

Q. On Dry Cheyenne River? — A. We met a bunch of what we took to l)e Sioux 
Indians, they said they were. We asked them who their chief was, and they said 
Charlie Smith. 

Q. I understand you Smith was not there at the time you first met the Indians? — 
A. No, sir; he came in afterwards, bringing an antelope on his saddle, tied behind 
his saddle on his horse. 

Q. Which he said he had traded for? — A. He didn't say that particular one. It 
was later on he made this statement. This antelopt> was fresh killed, it was bleeding 
yet where its licad was cut off. 

Q. That was in Converse County? — A. Yes, sir. 

Q. You had not talked with the Indians in P^nglish until Smith got there. Smith 
was the first one you could talk with? — A. Jesse Little War Bonnet came back. 
Miller told him who he was, and what he was there for, told him he iiad a warrant 
for their arrest. 

Q. What did he say in English? — A. Said he would go out and get Smith; go out 
and hunt him and l)ring him in. One other Indian, I could not identify him in this 
bunch, was standing there, seemed an old like man, said something in Indian and 



SlorX INDIANS OF PINK KIDCK ACiKNCV, S. DAK. (\'^ 

puinU'd to -MilltT, tlif sheriff. Tin- slu-riff siiid, "V'Hi know me," ami \\v saiil, 
' Yes; know you at New Castle." 

(2- Who was it sail! he knew him at New ("astle." — A. ( >ne oi" the Iiuliaiis; I don't 
know his name; lie is not in this hunch. 

<2- Was that Smith's jiarty you lirst met there, or was it I'.rown's |>arty'.' — A. 
Smith's. 

<^ Then after Smith came uji \ ou lia<l then a talk with him in Kn^rlish? — A. 
Yes. >ir. 

<2. Who was prt'sent when you were talkinj; to Smith and explainin^r the nature 
of y<iur visit there".' — A. In the lirst place we wasn't prest-nt when the sheriff read 
the warrant to him, hut we were j>resent lati'r on when they were talkin<.' over it. 

(2- Who were talkinjj over if.' — A. Smith and our sheriff and lirown. They were 
talkiuL' in the i)resence of the Indians and all <if Miller's men — the possi'. 

(^ S'ou didn't see any of these Indians there, with the excejition of .le.^se Little 
War IJonnet, at the time the warrant was reail or produce<l, or it was stated you had 
one".' — ^A. This man Ked I'aint stood directly at my ri^dit when they were talkin;; 
over this warrant. 

(2. Then Jesse Little War Hounet and Ked Taint were there when they were 
talkiuir over this warrant? — \. They were there. 

(j. Did Ked Taint talk Knsrlish'.'— A. No, sir; I didn't talk to him. I didn't hear 
him talk any En<:lish. lie was in caniji all day when we were there at the time 
they i)ulled out. 

Cl. And the Indians were there with their wives and families and children'.' — A. 
Yes, sir. 

*i. .\nd you had eaten with them'.' — A. We had dinner with Mrs. Brown. 

Q- •'^he L'ot dinner for you'.' — A. Yes, sir. 

«2- I>id Mrs. T>rown speak English'.' — A. Yes; very well. 

Q. You say these are the only two, Jesse Little War Bonnet and Red Paint, you 
saw there at the time you jjot dinner that you can identify".' — A. There were 1.'3 
Indians there, hut 1 wouldn't try to identify them separately, because they looked 
too much alike to nie. 

(^. After talkiuir to Snnth, you went away — you made no arrests'? — A. We stayed 
there; and the sheriff saiil he had read the warrant to them, and the sheriff talkeil 
to them in our pre.'^ence about his duty in takinji them to town. Smith told the 
sheriff that "we haven't killed any antelope; we traded moccasins to the sheej)- 
herders for the antelope we got." The sheriff said, "If that is the ca.«e, perha])s 
they can't do anything with yon after you get to Newcastle, but I have got a war- 
rant, and I have onlers to bring you to Newcastle, and I will have to do it, and you 
can settle with them after yon get there." 

<^ That was said to Smith'.' — A. Talke<I to Smith in presence of the Indian bucks 
and ail of our white men. Brown was there at the time. He talks just as good 
l-',nglish as you or I, probably better. 

<2. They were on their way then out of the State, going east in a general ilirec- 
tion".' — A. When they started they went over northeast. 

Q- That would be on their road towanl their home out of the State"? — A. I think 
so; but they didn't follow no road. They simjily cut across the I'ountry where there 
was no road. 

<^ That was the general direction'.' — A. Yes, sir. 

<^ Tassing, then, to the next day, when you met a band of Imlians again, you 
.«ay you were down behind a bank at the time you heard the first shot'.' — A. When 
the first shot was (ired I was back about very near tlu' center of the creek. 1 had 
n(»t quite got up as far as some of the rest. We were scattered out. 

<i. And to the we.st there was a bank. Was it of the creek, ruuninu: in a general 
direction'.' — A. Yes, sir. 

• ^ How high was that bank'.' — A. I should judu'e between n and (J feet. 

<2. How far was it, you say, to the top of the bank, a.« you would term it. there'.' — 
A. I should say about rt or (i feet. 

<l. From the l)ottom of the creek you coidd not see out on top of the bank if it was 
."i or () feet high'.'— .\. I was back far enough; I could .«ee up on top. 

(2- You say the first shot came from the south? — \. Southwest — ilirection of that 
sheep pen. 

(I. Did you see the shot — the smoke? — A. Yes, sir. 

(I. You say it was in the position where Black Kettle was afterwards found".' — .\. 
Not exactly; it was a little in that direction, but was more toward the road than 
where Black Kettle was found later on. 

<l. In the general direction of where Black Kettle was fouuil".' — .\. Yes, it was. 

(^ And Black Kettle was kille<I?— A. Yes, .«ir. 



64 SIOUX INDIANS OF PINE EIDGE AGENCY, S. DAK. 

Q. What is the other man's name that was killed? — A. Falkenberg. 

Q. Had he gone up over the edge of |-.he bank? — A. I don't know; I could not place 
Falkenberg at that time. After the first shot was fired when we all ran u}) on the 
bank, tlien Louis Falkenberg was right up the creek about ten feet from me. 

Q. Innnediately after that first shot you all ran up? — A. Yes, sir. 

Q. And the shooting was general? — A. Yes, sir. When the first shot was fired we 
had not all got through the wire fence. Some of the boys were back of us. I was 
through the wire fence about a hundred yards up the creek— very near in the center 
of the creek — the creek bed was very wide. 

Q. You say some of the Indians had gotten through the fence that runs east and 
west through the gate. Where was Smith — was he there among them? — A. He had 
not got through the gate yet; that is, when I first noticed him. When I recognized 
it was Smith he was not through the gate. 

Q. There were two or three wagons through that gate, you say? — A. Two, I know 
of. 

Q. And a bunch of horses? — A. Yes. 

Q. Was the boy driving the horses? — A. No, sir; the boy was not within a hun- 
dred yards. 

Q. The bunch of horses was in the lead? — A. Yes, sir. 

Q. Some of them were in wagons with their families at the time; some were on 
horseback and some were on foot? — A. Yes, sir; we saw them dismounting when 
we came in sight of them — some out of wagons, some off of horses, some were on foot 
and had guns in their hands. 

Q. From the road you could see in a general way across the creek east? — A. Across 
the creek east from where we were is very heavy timber. 

Q. They could see across the creek so as to see you over on the road? — A. From 
where we turned in the road at No. 2, that was an open place; there was no timber 
there; the timber was in that little bend where these marks are; that is where the 
heavy timber was. 

Q. How many wagons did you say there were? — A. Fifteen the day before. I 
didn't count them at all this time. 

Q. But a number of wagons you say turned and fled up the road ; some you say fled 
over the liill? — A. Yes; three went straight over. 

Q. Where did you say it was Smith was found? Where was he at the time the 
shooting was going on? — A. No. 8, I marked it there. His wife turned the wagon 
around. He was out on tiie ground with a rifle in his hand. His wife turned the 
wagon around with the team facing south, right near where No. 8 is. He was shoot- 
ing from behind his wagon. 

Q. The other one you saw shooting was where?— A. I can't say where he was. I 
saw smoke coming out and heard the report at the northeast corner of the sheep 
pens. It was a very loud report. 

Q. You don't know of any agreement made between these Indians to fight you, 
or anvthing of that kind? — A. No, sir; all I know is they said Smith was their chief. 
He said if we wanted trouble we could have it. 

Q. You say Brown is a chief? — A. Brown was also a chief. 

Q. Brown didn't say you could have trouble? — A. No. Brown said if Smith 
would go to Newcastle he would. 

Q. Did you hear him say that? — A. Yes, sir. That he would if Smith would. 

At this point the court adjourned till 1.30 p. m. 

At 1.30 p. m. the court reconvened with the same witness on the stand. 

By Mr. Burke: 

Q. I think you said that on the first occasion of meeting a l)and of Indians that 
Smith was not there, and that when your mission was in part made known, they said 
that Smith was their chief. — A. Yes, sir. 

Q. And to see him. Now was it one of these Indians here that said Smith was 
chief, see him? — A. Jesse Little War Bonnet. 

Q. That is the only one of these Indians that are here that said that? — A. He is 
the only one I know positively. If you will let me I will explain why I know it 
was him. One of the Indians started off. One of the Indians rode over where he 
was and called him }yM'.k because he could talk a little. 

Q. None of the other Indians here said Smith was their chief and would speak for 
them? — A. 1 would not say they did. 

Eedirect examination by Mr. Mecum: 
Q. You say you left Newcastle on the 23d? — A. Yes, sir. 

Q. Where did you first strike the trail of these Indians? — A. Between Little 
Thunder Basin and Porcupine Oeek, in W^eston County. 



SKU'X INDIANS OF IM N K KIDCK ACiKNCV. S. DAK. 1)5 

<^. Dn Villi know w lu'tiu'i- or not tlic Indians wi-n- in Weston ( 'onnty hunt in;: :_'anu' ■ 
at till' tiiiH' this warrant was issiu'il.' — All the way we know tlii- settlers toM ns Smith 
was there with a band of Indians killing: antelopi'. Smith's wapm axle broke down. 
They had supported it by a pole and it made. a trail all tlie way ifom there into 
Converse County. 

• ^ That was over in Weston County'.' — .\. Yes. sir. 

<^ You sav von took dinner with .Mrs. IJrown and the Indians at that time? — 
.\. Yes. sir. 

<2. About iiow loiiL' were yuii thereat that plaee. and what were you lalkin;; alioiit 
v'euerally? — \. We wei'e aroiunl the tent. 1 jiresume part ol the time we were in 
trout of the tt'Ut. and wt- were in the tent i-atin^r dinner, and ]iart of the time we 
were away. One instance, while we were in the tent, .Mrs. l'>rown was ;.'ettin;r <liii- 
iier anil says to Slu-riff Miller, " Why are you ;,'iiin;r to take the Indians to town and 
line them?" And he said, ■" For killiu^i: anti'lojie in Weston County." 

<2- When you left the Indians this first day, I umU-rstand you to say a couple of 
your jiarty followed them? — .\. They left tlu' Fiildlel>ack and went the direction the 
Indians had taken the ni^rht before w hen we left them, and wi-re to locate them and 
meet us at .lake Mills's cow cami). 

<,). You went to Kiddlebai-k that ni^rlit; huw far would that be'.'— .\. .Miout 2o 
miles. 

(^ How far was it from Fiddleback to where this I lal tie occurred? — .\. .\bout 40 
miles the way we went. 

<2. Now, you show the court where it was that you turneil off to <.'o u\> this crei'k 
when you were jroinir from the cabin toward the Indians. Will you please show the 
court where you were when yon (irst saw the Indians there on the road'.' — A. Hifrlit 
about No. ■_*. 

<^ That is where you were when you first saw the Indians'.' — A. Yes, sir. • 

1 2- When you lir.st saw them, did you see them at that time dismount'.' — A. Yes, 
sir: and w hen we saw tlu-m dismounting, in.stead of following the road any further, 
we went up the creek. 

<2. About how far is that from the gate'.'— .\. 1 should judire about a hundred 
yards. 

<^ Now aidinid that bend iielow tigure L', is that a comitry ojieii sutliciently so 
that the Indians coidd have seen you when you were fartlu'r around the bend'.' — 
.V. Not clear around the bend, but jtrobably they could have seen us oO or 75 yards 
farther aromid than No. 2. It was oj)en in there; not much timl)er. 

• 2. When the Indians broke camp the first day, was there anything said or done 
on the part of the Indians to give you to understand they would resist the warrant, 
or they would go with yon? 

-Mr. BiijKi-:. We object, unless it is confined to some one jhm-sod. 

Mr. Mk( iM. 1 will state it differently. 

(2- 1 will ask yon if Mr. Smith, or 'Sir. Brown, or any of the Indians at that time 
told the sheriff, or the jxisse, they would go with them'.' — A. Xo, sir: they said 
sometliing in Indian, and the Indians all hitched up. 

<^ Did you see Je.sse Little War I'xnuiet after you left camp that day? If so, what 
was he doing'.' — \. He was riding with us all the time until we turned off to go to 
Fiddleback. He ran his horse and got in ahead of the po.>^.>--e, and got uj> with 
Sheriff Miller and I. We were with the guide. He was riding a dun horse. I think. 

1^ I will ask you if you examined any of these Indian wagons that day, or the 
day following? — A. The day following. 

• 2. What did y<>u find? — A. We found a lot of dried meat; we call it jerketl meat: 
it wa.M antelope meat; you can tell by tlie smell of it and tlie looks of it. We found 
in three wagons, as near as I remember, either '24 or '27 antelope hides, and one 
shei'li hide. 

<2. What wasthe ap])earance of the.se hides? — .\. The hides, of course, had all been 
laid out on top of one another. They wcri' green hides. Some of them, ajiparently, 
wen- what we call a green hide — had not l>een killed long. 

H. Did you identify this meat as bein<j antelo]>e meat just by looking at it? A. 
Smelling it. 

il. Were there any antelope heads'.' — .\. No, sir; I don't think there wa<: had one 
fresh sheep hiile with brand on. 

<2- I'i'l these Indians tell yoii wlu-re they were from, who they wi-n-, oi- where 
they belonged'.' 

Mr. r>i KKi:. W'r object to the i|uestion unless it relates to some one of these 
Indians here. 

The Corifr. He ma\ answer. 

S. Doc. 12S a 



66 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

A. I heard tliem tell Sheriff Miller they were Oglala Sioux Indians. Heard 
them tell each other what creek they lived on, hut I could not identify which one. 
I didn't pay any attention to it. 

Q. Do y()U know where the Oglala Indians reside? — A. No; except what I under- 
stand from the other boys; I was never down there. 

Q. I will ask you to state — I believe you did state — where Miller was wounded. 
I will ask you if Miller's death there was the direct result of the wound received at 
this time, on the 81st day of October, 190.'^? — A. Yes, sir; there is no doubt of that. 

ii. In what county and State did that occur? — A. Converse County, State of 
Wyoming. 

Q. How long did he live after the wound was inflicted? — A. I think aliout half 
an hour. 

Cross-examination by Mr. Bcrke: 

Q. When you were at the place marke<l 2, you say you came in sight of the 
Indians. What was at the head of that trail of wagons and Indians; what was the 
first thing you saw? — A. The first thing that came in sight was a wagon and horses, 
and Indians in the wagon, and ponies — a bunch behind them on both sides. 

Q. Who was driving the wagon? — A. I would not say who was driving the first 
wagon. 

il. You say they dismounted. Where did you see them dismount, and who did 
you see dismount? — A. We didn't stop to count them; we saw Indians getting off 
their horses, and getting out of wagons. 

Q. Did you see more than two dismount? — A. Y^'es, sir. 

Q. How many did you say you saw get off of horses and get out of wagons? — A. I 
wouldn't say; I didn't count them; I didn't have time. 

Q. Would you say you saw more than two get off their horses? — A. Y"es, sir; I 
wouldn't swear how many there were, because, as I said, I didn't have time to count 
them. 

Q. That was very near the gate as they came through the fence? — A. Al>out a 
hundred yards around the bend of the road toward No. 2. 

Q. Did" you see any of these Indians, these nine, at that point? — A. Dismount? 

Q. Y"es, sir. — A. I would not say there was. 

Q. That was a})Out how far off? — A. About 100 yards to the front -wagon. 

Q. It was daylight? — A. Yes, sir; the sun was up. 

Q. Where was this shooting? From the place where you first saw them the day 
before — was it east or west, or north or south, in a general direction? — A. East. 

Q. Then they had driven from the place where you first saw them toward their 
home at the reservation? — A. I presume that was the road going home. It was in 
an easterly direction. 

Q. How much dried meat, or jerked meat, did you say; could you give any 
idea? — A. There were three wagons we examined; the least that could have been 
in any wagon was 400 pounds; they were in what we call gunny sacks. 

Q. How nmch of that did you examine? — A. We opened two or three different 
sacks and looked into them; three, I am satisfied. 

Q. An<l the hides that you saw had been tanned or were in process of being 
tanned? — A. No, sir; they were spread out on the bottom of the wagons and covered 
up with bedding and tents. 

Q. Each wagon was loaded about the same? — A. The hides were all in the bottom 
and the camp equipage and bedding was on the top. 

Q. When was it you made this examination, the first or second day? — A. The 
second day. After the trouble. I would like to correct that. It was not the same 
evening, the troul)le was late in the evening. It was the next morning after that. 

Redirect examination by Mr. Meci'm : 

Q. When you saw these Indians dismounting could you see clear along the road 
the whole string of Indians at that time? — A. I wouldn't want to say I could see 
them clear down to the rear. I wouldn't say I could. 

Q. After you got up in position did you see any Indians on horses or wagons? — 
A. Yes, sir. There were a number of Indians down near the sheep pen on horses. 
T saw one Indian boy on a horse, perhaps, as near as I remember, about half 
way between that wire' fence and the sheep pen, where that mark is pat there for a 
dead horse. 

Mr. Mecum at this point offered in evidence certified copies of the complaint and 
warrant issued thereon in Weston County. These papers are set out at the close of 
the oral evidence. 



SlorX INDIANS OK PINK KIlXiK A(JKN('Y, S. DAK. C> i 

Frki) \V. llnwKi.i.. t-alled as a witiu'ss on bt'lialf «>f tlie Statf, ami Ikmii^.' Iii>t iliily 
sworn acronlinjr to law to testify tliL' trntli, the wliole truth, and notliinj.' Imt the 
truth, testified as follows: 

lly Mr. Mix I'm: 

• ^ State vour name, residence ami orenpation. — A. {"red \\'. lloweli. Newcastle. 
\\\o. ^hichinist, Hurlin<:ton Railroad. 

<^ Were yon aeqnainted with one William II. Miller, sheriff of Wi-ston ConutyV — 
A. Yes, sir. 

*l. I will ask you if you tireac(|uainted with any of these men you see lu-fore you?— 
A. Not pei>onally accpiainted with them. 

(2- Have you ever seen them before, or any of them?— Yes, sir; threi- of them I 
have seen before. 

(^ What are the names of those you have si-en before? — A. .le.sse Little War 
l!onnet. liroken Nose, and ("har^dn<r Wolf. 

f^. Where was it you lirst saw them'.'— .\. Dry Fork of the ('lu^yenne liiviT. 

(). Thai was on what day'.' -.\. Thirtieih. I think it was Saturday. No. it was 
Friday. 

(^ In October'.' — A. Yes, sir. 

(J. Do you remend>er the date? A\'as it the time the jjosse went to the Indian 
<'ami)? — ^A. Yes, sir. 

il How did you happt-n to be there".' — A. I was deputized by Mr. Miller. 

(J. What was your purpose in <roin}>: there?— A. To arrest the Indians lor killin-: 
>rame. 

yi You can nco«;ni/e tliree of these men that you ,<aw there that day?— .\. The 
lirst day. 

(^ How many Indians did you .see there that day".' — A. I could not tell exactly, 
but think there was between twenty-two and twenty-tive men. 

t^ Any tithei-H besides the men? — A. There were some sijnaws — women and 
children. 

(I Any wagons or itonies".' — A. Fifteen wajrons. I don't know how numy ponies — 
ipiite a bunch of them. 

(I. ( ro on and state to the iniirt su he can hear ju.«t what you did piinfj to this 
Indian eamj) — what was said and dont — everythinji. — A. The lirst of all we roile up 
there anil met one Indian; I don't see him here. That man there, Jesse Little War 
Bonnet, was off on a hill, and Mr. INliller rode up to him and come back and said 
that the chiefs wasn't tlu-re. that Brown or Charley Smith wasn't there. We rode 
around the canif) a little while and sat down there. We went over to Brown's tent — 
one of them told Mr. Miller she could talk Fnjilish. We had dimier there. During 
the time 3Ir. Smith come in, and .Mr. Miller went over to him and read the warrant 
to him, and he tolil him hi' wouldn't go to Newcastle. And tlu'u we waited around 
there, and Mr. .Miller said he didn't want to <lo anything rash; he wanted to give 
them time, and he waited mitil Mr. Brown came in, and read tlu' warrant to them 
again. 

il Did you see the warrant read t(» eitlu-r Mr. Smith or Mr. P>rown'.'-- .\. I saw 
it read to ".Mr. Brown; I tlidn't see it read to iMr. Smith. I saw Mr. Miller over 
there with a paper in his hands at a distance. 

<2. Who was present'.' — \. All of us were around close. 

• ^ Any Indians pre.eent besides Mr. Hrown'.' — A. Alotoftlu'm. Mr. l»rownand 
Mr. Snuth and several others. 

(i How many of the Indians were there that could talk Fnglish or did talk Fng- 
lish".' — A. Mr. IJrown and Mr. Smith was the oidy ones that talked Fnglish then. 

(I. I will ask you what was ne.\t done".' — A. Mr. lirownsaid ".Ml right, we will go," 
or .«omethiiig like that. He saiil "All right, we will go," and the Indians started to 
take down their tepees or tents and l(»ad up their wagons and pull out. Wi' was rid- 
ing up alongside. They went across the road and Mr. .Miller went up to see Mr. 
Sndth and turn them. 

<^. How far was that from where the Indian c;nnp had been? — .\. To the best of 
my recollection it was half a mile finm where they crossed tlu- roa<l. 

• 2. I'x'fore the Indians broke c:uiip and after this warrant you say had been read to 
.Mr. ISrown, how long was it before the Indians began to break camp".' — .\. Wasn't 
but ten or lifteen minutes. Mr. lirown lirst of all talked to then. They talked 
among themselves, and he said, "All right, we will go." 

(I State what hajipened there at the crossroad? — \. Mr. Miller went up to .Mr. 
Smith and wanted him tf> turn down to Newcastle, turn down that roinl, and he 
wouldn't do it. Then he went down to Mr. Brown and Mr. lirown told him he 
wduld go ii Smitli would. Then .Mr. Miller rode up to Brown again. I ilidn't hear 



68 SlOrX INDIANS OF PINE RIDGE AGENCY, S, DAK. 

what they said. Again he roile up and stopped the leader, aii<l Smith loped up 
behind him. 

Q. Rode up behind the sheriff? — A. Rode up behind the sheriff, and one of the 
l)oys, I don't remend)er which it was, and tiien Jesse Little AVai' Bonnet rode up 
behind him. Then they all went; then our boys kind of opened when they come 
up. The wagons was going on. The Indians all went by there and they motioned 
that way and they started, and the rest of the posse was stopped when I rode up. 

Q. Was there any attempt made to take the Indians V)y force at this time? — 
A. No, sir. 

Q. Why wasn't it done? 

Mr. Burke. I object to the (juestion; it calls for an opinion of this young man. 

Q. The sheriff didn't arrest the Indians on this 30th day of Octol)er? — A. No, sir. 

(I. Did you see the Indians after this?— -A. Not until the next day. 

Q. Did you see these same Indians the next day? — A. Yes, sir; only one I saw 
the next day was Jesse Little War Bonnet. 

Q. Where were you at that time? — A. That was on Lightning Creek. 

Q. Were you with the posse that day? — A. Yes, sir. 

Q. Where were you when you first saw the Indian Jesse Little War Bonnet? — A. 
He rode on top of the hill outside the fence when I first saw the Indians. 

Q. Will you please examine this map and look at it and see if it is a fair repre- 
s^entation of the Mills cabin, the creek, the road, the sheep iiens, where you saw 
the Indians on the second day? — A. Yes, sir; it looks like it. 

Q. Can you see plainly from where you are? — A. Yes, sir. 

Q. Go and take that pointer and point where you were when yovi first saw the 
Indians. — A. Right on top of the hill near No. 2. 

Q. Where did you go from? — A. Rigiit here. 

^i. State what it is. — A. Looks to me like it was made to represent that old house. 

(}. How did you happen to go arountl tliere by figure No. 2? — A. By the road. 

Q- Where were you when you first saw the Indians? — A. Right here at No. 2. 

Q. What did you do next? — A. We rode off down here a little ways and got down 
to near where No. 8 is. 

Q. Where were the Indians now when you came around there by figure No. 2? — A. 
I seen some here and some on down farther — down here [indicating on map]. 

Q. Had any of the Indians j^assed thrt)ugh the gate? — A. No, sir; I did't see them 
pass through the gate. 

Q. You stated you went down there by figure No. .">. \N'lia1 was the next thing 
you did? — A. We dismounted from our liorses and went down the creek about here — 
about by figure No. 9. 

Q. How far from No. 2 would you judge it was to this scjuare block marked for 
the corral? — A. I should judge it was about 600 or 700 yards. 

Q. How far from the creek, where you were located, was it to the roail? — A. 
Between 50 and 60 yards. 

Q. When you got through the wire fence and were looking toward the road, did 
you see the Indians then? — A. Yes, sir. 

(}. AVhat were they doing? — A. I seen only two dismounting going behind a tree 
down here. I didn't look this way [indicating] at all — about six. 

Q. Was the sheriff with you at that time? — A. Yes, sir. 

(I. What did the sheriff do? — A. The sheriff went down heie [indicating] and 
went out of the creek and over there, and told them to sunvnder— lie and Mr. Owens 
both. 

Q. Did you hear them ask the Indians to surrender? — .\. Yes, sir. 

Q. Did you know which Indians he was talking to or any one in particular? — A. 
No, sir. 

Q. Did you see him when he did that as well as hear him? — A. Yes, sir. 

Q. Tell the court exactly what you saw him do. — A. I saw him have his gun in 
this hand and hold up his right hand this way and hollow to them to surrender. 
Hollowed to them three times. I think Mr. Owens hollowed twice. Both cari'ied 
their guns and had their hands up this way. 

Q. Did he speak loud enough so a jierson could hear fifty or sixty yards? — A. 
Yes, sir. 

Q. What did you see next? — A. Next I heard a shot fired. 

Q. Where were you when you heard that shot? — A. Right down here by No. ii.on 
the creek. 

Q. How far would that be from the wire fence? — A. I judge I was about 100 yards 
below the wire fence, as near as I can rememljer. 

Q. Which direction from you was it you heard tliat shot? — A. It soun<led to me 
Ukc it was down in this direction, by the corral (south). 



SlolX INDIANS OF IMNK KIIXJK AiJKNCV. S. I>AK. »'.'.) 

(^ I>i(l voii si-f tin- man that lircl the shot — the smoke from liis riHe?— A. I -aw 
the f^niokf raise tliere, hut ] ilidn't see tlie man tliat tired tlie shot. 

• 2. Whifli tUrectioii Irom that corral was it yoii saw that Mash of smoke'.'— A. I 
jii(l<:e it was up here riyht close to tlie corral. 

(^ lldw far was that from where the slicriff wa.<'--A. 1 judjre it was ahoiit 1(m> or 
l."i(t vards. I couM not say exactly. 

(^ Who, if anyone, wa.s in siy:ht of the Imliaiis ai ihc time that lirst shot was 
made'.'— .\. Mr. Owens an<l -Mr. Miller. 

(^ .\iid the rest of you were out of si;.dif.'- .\. 1 was. hut 1 I'ould sec Mr. Miller 
a Mil .Mr. Owens. 

<^ Now. on this day, and at this time and place, did you see any of these men 
before you'.' — A. I saw Jesse Little War Hoiinct after a little while; 1 saw him directly 
after .Mr. Miller was shot. 

<^ What was he doing".'— .\. lie was down on the<.'round with a ^mu in his hands. 

<^ What\va.« he doin<> with the L'un. or what did he ajipear to he doiu<r?-_A. When 
I saw him lu- appeared to he loa<lin<r it. 

<^ Was he iiointin^r the jrmi toward anyone'.' — A. Wluii 1 lirst saw him he was 
lowering it this way. lie had it poiutetl in our direction. 

ii. I'oint out on the maj) ahout where you think he was at tliat time'.' — A. Kiirlit 
in about east and soutii of the corral. Right bi-twceii the corral and the creek. 

<l. How many other Indians did you see wliile you were there? — A. Right tiiere 
I saw four with him. 

i,>. Where were the different ones located? — A. Locateil just a little below him. 

<^ What was he doing? — A. There was a liorse, and he was starting across this 
wa\ . 

<). What was he doing'.'— .\. The other three Indians? 

<). Tell me where you saw these other three Indians, and what they were doing? — 
A. I saw them horst'back, and they were riiliug toward this creek. 

(^ Where did you see any otlu'r" Indiau.s?— A. 1 saw this .lesse Little War R)onnet 
right in here between the creek and the corral. 

• 2. I»i<l you .see any ui> tlu-re right straight west of where Mr. Falkeiiburg fell'.' — .V. 
No, sir; l'di<ln't look that way. I wasn't looking that way. 

<2. How many men were there in your posse at this time? — A. Thirteen. 

(i. How many wagons did you count in the Indian train at this time? — A. All I 
seen was four or tive^ I could not tell how many there were down below. I could 
see a ilozen or more teams coming along. 1 could not tell distinctly. 

il You mentioned tlu' first shot. Wheredid the next shot come from?— .V. I could 
not tell. It was general, from all over. 

(^ How manv do you think, by judging from the noise or seeing the smoke, were 
shot at the iM)sse'.'— .\. I could not tell exactlv. Seemed to be a whole lot. Prob- 
ably 15 or 20. 

<l. Did it seem as if all the Indians were tiring? 

.Mr. HiHKK. Wt> object to the (jue.stion. It is calling for an o])inion. 

'i. Stati' how it looked to you at that time".' — A. It seemed to nie like I heard 1"> 
..rl'O shots, but I coul.l not count them distinctly. I diiln't try to, but it seemed like 
about that many. 

ii How long did this shooting continue?— .\. .\s near as 1 coidd tell lu-twi-en three 
antl five minutes, ])ossibly five mimites. 

il What did the Inilians do after the shooting began?— A. Some of them was 
ruiHiing away. .\ little while after a volley or two was lireil, I got up nut m| this 
crtM'k bed by No. it, if that is meant for a tree. 

(l .\ re there any trees along there'.'— .\. Yes, sir; there are trees along there. I 
got right u]) in between this tree ami there was another tree here. Then" was a big 
tree where Mr. .Miller fell, and another tree. I got up between the two tn-es. 1 
seen shots coming from that way and striking in front nf me. 

il Was there any one killed as a result of this shooting you hav<- been tellim: 
about".' — A. Yes. sii; Mr. Falkenburg and ^Ir. Miller. 

(2. Any Indians killed'.' — A. Yi's, sir; three Indians killed. 

<). Wliere were Mr. Falkenburg and Mr. Miller killed? Point it out on llu'map.- 
.\. What I remember of the country, Mr. .Miller was right behind a tret — a little bit 
to one sifle of a tree. When he was shot, hi- fell over and crawled behind the tree. 

H. You saw Mr. Miller?— .\. I never seen Mr. Falkenburg hit. I wasn't looking 
that way. 

<i. ( »u which side of the tree was Mr. .Miller when he was shot— tip the I'ri'ck or 
dnw 11 the creek? — A. Down the creek. 

*l You say there were three Indians killed'.' — .\. Yes, sir. 

<^ .Vii>- wounded'.' — A. There was a woman wounded we met afterwards ami 
brought "back. 



70 SIOUX INDIANS OF PINE RIDOE AGENCY, S. DAK. 

Q. Where were they when you found them? — A. I wasn't with them when they 
brought them in. I was at the ranch. 

Q. You say this lasted three to five minutes. What did you do after that, after 
the firing ceased? — A. Went and got Mr. Miller and took him down stream and car- 
ried him up to the cabin. 

Q. Did tlie Indians during the time this shooting occurred — (hd they disappear? — 
A. They all disappeared. I could not see any more after the shooting ceased. 

Q. State whether or not there was any shooting after the Indians disappeared? — 
A. No, sir; there was not. 

Q. Did you see where Mr. Falkenburg or Mr. Miller were shot? — A. Yes, sir. 

Q. Where were they shot? — A. Mr. Falkenburg was shot in here below his neck. 
I never watched to see where it come out. Imt it went in right here [indicating]. 

Q. Where was Mr. Miller shot? — A. Shot in the leg. [Indicating right thigh.] 

Q. ?Iow long did Mr. INIiller live? — A. ]Mr. ]Miller lived about thirty nnnutes. 

Q. AVas the wound he received there the direct cause of his death? — A. I think 
so. Yes, sir. 

Q. Can you name the Indians that were killed there? — A. Yes, sir. 

Q. Who were they, and where did you find them, or where were they found? — 
A. The names I was told — what they told me their names Avas. That lady they had 
at the cabin told me her grandfather was killed and her father was killed. 

Q. Do yt)u know what the names were?- — A. Yes, sir. She told me their names 
were Black Kettle and Gray Bear, and I knew Charley Smith. lb* died last. 

Q. There was a boy? — A. Yes, sir; there was a boy killed. I don't know his 
name. 

Q. Did you examine the Indian wagons to see what was in them, at this time or 
afterwards? — A. We examined them after the battle — next day. 

Q. What did you find in them? — A. Found lots of antelope meat and antelope 
hides. 

Q- How many wagons did you examine? — A. Three. 

Q. How manv antelope or deer hides did V(,in fmd in those three? — A. Between 
L'n and 30. 

Q. When did you first join the posse? — A. Friday, the '2'.)<\. 

Q. Where did you first strike the trail of the Indians? — A. First Imiich we took 
into Newcastle. 

Q. This bunch? — A. First found them on Porcupine Creek. 

Q. What county is that?— A. Weston County. 

Cross-examination by jNIr. Buiuck: 

Q. I think you said when Mr. Miller read the warrant to ]Mr. Brown he said he 
would go? — A. Yes, sir. 

Q. And you say you didn't arrest them on that day? — A. No, sir; they wouldn't 
go with us. 

Q. No arre.st made then? — A. I don't exactly know what you mean. 

Q. On this second day how many Indians did you see — how many Indian men 
that you actually saw? — A. When we first came over the hill we saw about eight or 
nine. 

Q. They were near the gate? — A. They were close to the gate and below the gate. 

Q. They were driving a bunch of horses or ponies? — A. 1 never seen them drive 
any ponies. I saw two or three wagons. 

Q. Any ponies there? — A. Was some in wagons; some riding. 

y. Did you see any girl there? — A. No, sir. 

Q. You left the roa(l and came up the bed of tlie creek? — A. Yes, sir. 

Q. Did you see -Mr. Smith when he fell? — A. No, sir. 

Q. You don't know which way he was facing when the shooting commenced? — 
A. No, sir. 

Q. He was down in the bed of the creek; you were over the Imnk? — A. He was 
l)elow; I was up the other way from where the other l)oys were. 

Q. He and ^Ir. Owens were the first ones to go up over the l)ank? — .\. .Mr. .Miller 
and him. 

Q. You say they raised their hands and demanded them to surrender? — A. Yes, sir. 

(^. Who did they address that to? — A. I suppose to them all in general. 

Q. It was in Fnglish? — A. Yes, sir. 

ij. Wasthcreany Indianin his hearing that could understand I'jiglish? — \. Yej;. sii'. 

(]. What one was that? — A. I don't know any certain one, hut they was all around. 
They were closer to him than we were, I should judge. 

(i. You don't know there was anyone there that understood Mnglisli in his hear- 
ing? — A. Mr. Smith was there. 

(I. Where was Mr. Smith? — A. I didn't see him at the time. 



SlorX INDIANS OF riNK KIlXiK .\(;KN'('Y, S. DAK. 71 

<l. You saw him jifterwards? — A. Yes, sir. 
<i. West of tlie road'.' — A. Yt's, sir. 

• 2. How tar".'— .\. 1 (•<iul(l nut tell exactly. 

(2. Yon say tiu' tirst sliot caiiH- fruin wluMfV West of wlu-rr \<>n wi-rc'.' If the tof> 
of tlu' map is west, it eame fmm west nf u ju-n' ymi WfivV— .\. it caiiir Inmi the 
rorral across that way. 

• 2. It came from over in tiic direction in wiiicli Mr. Smith was, towani .Mr. Miller 
and Mr. Owens?— A. It came toward Mr. Miller and Mr. Owens^ It wa.>< in front of 
them. I seen the smoke. 

<2. Yon heard, as I understand yon. aluuit I'D shots'.'— A. I expect lu'twccn 1") and 
L'(t shots. 

<^ That is all you lu-ard?— .\. That is all I heard at onetime, I thoUL'ht: hut there 
was more after tliat. That is what 1 tlionirht I heard in one volley. 

<2. .\hont that nund)er in one volley? — A. Yes, sir. 

<2. I>id von fire? — .\. Yes, sir. 

<]. .\11 those with you tired, did they? — A. I <lon't know: I didn't .see theni. 

<}. \\here were you when you tirst commenced to tire? — .\. 1 was on the rijiht of 
Mr. Miller, hetween two trees. 

t^ Yon were upon the hank, then, were you? — .\. Yes, sir. 

<}. He was toward the Indians from yon'.'—A. .Mr. Miller? He was in Ironi of us. 

<). You ilidn't see .lesse Little War Bonnet lire any shot'.' — .V. No, sir. 

»5. What kind of a gun did he have'.' — A. I could not tell. 

Q. Was it a breechloaileror a nnizzle-loader".* — A. I supi)o,st' it was a hreech-loadi-r, 
liut 1 wasn't do.se enouirh to tell. 

il Why did you say you thought he was loading it?— A. if it was a hreech-loader 
he would Tiot have i)een"loadingit from the muzzle. I was not close enough to exam- 
ine his gmi. hut I suppose it was a hreech-loader. 

|^ Yon ilon't mean to say that you saw him tire any shot'.' — A. I never ;»mw him 
lire a shot. 

<^ Which way was he running?— .\. He wasn't running at all when I saw him. 

I,!. Which way <lid he run'.' — .\. Ran down the creek; that way when- I saw the 
other three. 

<^ Nearly all of tlieiii turned and ran away'.' — A. After they had tireil a lot they 
ran away. 

<^ Left you and youi- posse on the Held, didn't they'.' — A. Yes, sii'. 

<2- What hecame of the wagons'.' — A. They wi'ut, too. 

tj. That is, everyliody turnt'd and fled out from that center— all the Indians?— .\. 
1 could see some going down tln' cri-ek. 

1^ Some went up the creek from the direction they were connug'.' — .V. I mi-ant up 
the creek. 

*i. Some went over the ridge to the west'.^ — A. I never saw tliem. 

<^ You captured several of the wagons and their ponies'.' — .\. Next day we got 
some wagons; that night some of the ponies. I don't know how many jioines they 
got that night, 1 think it was eighteen, hut I ain't sure, and took some over to Ni'W- 
castle. 1 ain't sure whether there were eighteen or not, I know there were several. 

<^ (ioing hack to the tirst day, it was afti-r Mr. Urown taikt'd to the Indians he 
said they would go'.'— .\. Yes: after he talkeil with the Indians he said, ".Ml right; 
we will go." 

(^ The only Indians you recognize that were then- tliiil lirst day are .h'sse Little 
War Konnet and CharginLT Wolf, mikI one other was tiiere? .\. Yes. sir. 

• ^ Whicii one was that? — .\. ilrokeii .Nose. 

<2- These are theonly three Indians among these you recognize as l)eini: tlu-re that 
first ilay?— .\. Yes, sir. 

*l. The only Indian yon recognize as heimr there the seconil day is .lesse Little War 
lionnet? — \. Yes, sir. 

il You can't .siy that any one of these Indians lired a shot at yon or your po.sse'.' — 
.\. Yes, sir; there was one fired a shot at me, hut I could not say it was any of them 
right here. 

<2. Y(tu can't .say that any one of these Indians (ireil a shot? -.\. .No, sir. 

• 2. Yon don't kilow of their having agreed to fire any shots or shoot you, do you'.' — 
.\. No, sir. 

<2. It all ha[)iiened very suddenly, <li<ln't it? — .\. Yes, sir. 

1^ You don't know where Mr. lirow n wasor wheie Mr. Smith was when tlie trouhh- 
• innnenced? — \. .No. sir. 

<2. Yon don't know w hen' .Ies.<e Lilt le War r.onnet was when the tronl)lecom- 
menctd?- .\. Not when the trouhle lirst started, l>ut alter tiiey had heeii shooting a 
while, I seen him. 

• ^ You didn't see I'.idw n t here any where? — .V. No, sir; I didn't the sec(tnd day. 



72 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. You didn't 8ee but about 9 Indiana tlie second day? — A. As near as I could 
judge. 

Q. The first day you saw something Uke 20 or more? — A. Between 22 and 25, as 
near as I could judge. 

(l. How many wagons did you see the second day? — A. Between 2 and 3 wagons. 

(I. The first (lay how many wagons did you see? — A. Fifteen. 

Q. So, from all you know, all of these Indians may have been off in another party 
the second day, with the exception of Jesse Little War Bonnet? — A. Yes, sir. 

Redirect examination by Mr. Mecum: 

il. 1 understood you to say that when Sheriff Miller and Mr. Owens demanded 
their surrender they were about as near the Indians as they were to you? — A. Yes, 
sir. 

Q. And you could understand them when they made the call? — A. Yes; I coukl 
hear distinctly. 

Cross-examination by Mr. Burke: 

(2. What was it he said to them, the words? — A. He said "Surrender." 

Q. Just the one word? — A. Yes, sir; "surrender." 

(]. That was the word he used? — A. Y"es, sir. 

Q. Did he say who he v\'as the second day? — A. Xo, sir; 1 didn't hear him say. I 
just heard him say surrender; he said surrender twice, then Mr. Miller said "sur- 
"render" three times. I think Mr. Owens said surrender twice. After he said it the 
second time he said, "You are prisoners." 

Q. Mr. Miller said that?— A. No, sir; Mr. Owens said that. 

Redirect examination by Mr. Mecum: 

Q. You say you only saw three wagons; where were those wagons you saw? — A. 
They were going down; traveling back again. 

Q. Turned around and going back the way they came? — A. Y^es, sir. 

Q. On this first day when you were talking with the Indians on this crossroad you 
spoke of, did all of the Indians seem to understand and agree to do what Mr. Smith 
directed them to do? — A. Y^es, sir. 

Mr. Bi'RKE. We object to that cjuestion; it is irrelevant and immaterial. 

Q. Did you see Mr. Smith when he motioned the guide to go on? — s\. Yes, sir. 

Q. At tiiat time what did the Indians do? — A. Most of them rode up, was going 
by, and motioned with their hands the same way as they did to the guide. 

Q. All of the Indians along in the train did the same? — A. Y^es, sir. 

Q. Of these Indians how many were in that train at that time? Was this Chai-g- 
ing AVolf and Jesse Little War Bonnet and Broken Nose all in that wagon train 
then? — A. Y^es, sir. 

Q. On this first day near this crossroad on which you wished to go, state a little 
more fully what was done by the Indians when the sheriff tried to get them. — A. 
Most of them rode up there and most of our boys, and I and Mr. Hackney was 
behind them, .lust nearly behind us one or two got off their horses and stood there, 
and one old Indian tlirowed dirt up in the air. 

Q. How many Indians were behind j'ou? — A. They were on all siiles; 1 could not 
tell exactly. 

Q. All of the Indians of the party? — A. Some of them were ahead of me, some on 
this side, some on that side, a few laeliind me, and some in the lead, then in the placi' 
where Mr. Miller and the rest of them were. 

il. You say one Indian threw up dust; do you know wIk) that was? — A. No; I 
could net see. 

Q. Did he say anything when he did that? — A. No; he did not say anything. One 
()f the squaws was singing a song; I know it was kind of a blood-curdling song. 

Q. How long did it continue? — A. When they first started to ride up in the leail, 
the last I heard of them; when they drove away it was the last I heard. 

Q. What was Jesse Little War Bonnet doing "at the time? — A. When they all went 
away we caught u]) with the rest of them and we was talking. ^Ir. Miller was talk- 
ing about going to the Fiddleback; he was behind us and rode close and rode through 
us a time or two; when we stopped he rode along then and rode In'tween us; when 
we stopped he stopped. He said (Miller) he (lidn't tiiink there was any show to 
take them; tliey wouldn't go; he said maybe there was a hill that we could get n\) to, 
and maybe we could get behind that, then we could get them to surrender and they 
would go with us. He had no more than said it than Jesse War Bonnet rode up 
toward two or three others. 

il. When you say this dust was thrown up in the air, and this woman sang a song, 
what did the other Indians do? — A. When he first began it they all rode ahead, then 
he threw u)) tiicdirt and they didn't do nothing; they was kind of all ai-<iund us. 



SI(»rX INDIANS (»F I'INK KIIXJK A(;KN("Y. 



DAK. 



;i 



.1 vMi> ('. |).\\is. a witness callcil un IH-Iialful tlii'Statf. Memj; <luly sworn atinrdinu' 
to law to ti'stitv tlu' trntli. tlu- w hulc truth, ami n<(thiii<r l>nt tlic trnfli, tc<titifcl as 
follows: 

Kxaniinatiuii hy .Mr. Mkiim: 
(i- 1 Mease .state your nanu> and resiilem-e. -A. .lames ('. Davis, New i-astle. Wyo. 
<^ Were yon af<inainti'il with Siieriff William 11. .Miller, of Ncwcastlt V— .V. 1 was. 

• ^ What eonnty was he sheriff ot"'.'--.\. Weston County. 

"^ -Vre you aeijuainted with any of these Imlians hefore you'.' — A. Yes. >ir. 

* i. Wiio do you reeo^nize here that you have seen liefore? — .\. Jesse Little War 
r.onnet. 

Q. Where tlid von see him? — A. It was on Dry Cheyenne K'iver. 

il When was that?— .V. It was on tlie 30th of'( K-toher. 

(]. Of what month? — \. Last month. 

• 2. Was that in this eonnty or Weston County? — .\. In this coimty. 
(]. Did you ever si-e him after that time? — .\. 1 did. 

i]. When and where ^vas that?— A. At the liLdit, 

i}. That was the next day? — .\. Yes. sir. 

i^. .\re there any of these other Indians that you can identify a.s seeing' on the.'loth 
or .Slst day of Octi'iher, l!H):>?— A. I can identify" two 1 saw on the :U)th. 

(^ Whieh are they?— A. James White KIk iiiid lied Paint. 

<^ Which .lay was tliis?— A. The (irst <lay. 

<^. < 'n the second da\' how many of them do yon icniemiier seein<r? — .\. War 
r.onne*. is the oidy one. 

(^. Did you see him the second day? — A. 1 tlid. 

(2. Were you with the sheriff's j>os.se that went out to arrest the Indians on the 
.'.(Hh?— A. Ye8. sir. 

(^ (io on an<l state to the court what the sheriff did, and what the Indians diil; 
w hat you .>^a\v tliere: what you heard stated by the sheriff or his men to the Indians, 
ami by the Indians that talked to the sheriff? — A. It was on the 80th day we went 
into the cami) on Dry Cheyenne Riyer and the chief of the camp was not in at that 
time, .so we .sat annuiil thi-re and waited, I jiuess, until about 4 o'clock; and when 
this Mr. Charlie Smith came in, ]Mr. Miller went oyer to him ami aski'd him if his 
name was Smith, and he said it was. lie said, " I have a warrant for your arrest." 
and he took out the warrant and read it to them; and he said. "Mr. ^Miller. I know 
your business as well as you do; I am no tVxjl, and I am not crazy." lie says, '".^s 
tar as you takinir nie to Newcastle, I will not go; I don't live there." Then ^Ir. 
Miller says, "You know that my business as a sheiiff. as I have a warrant, is to 
take yon, if possible, without any troidilc" lie said if we was looking l^r tmnble 
wc would jret all we wanted. 

<l. The sheriff made known to him wiiat he wanted? — .\. Yi-s, sir. 

• ^ Did he rea<l the warrant to him. or siiow it to him? — .\. Ilerea'l it to him; 
then showed it to him. 

• ^ Where was this? — A. ( )n Dry Ciieyemie River. 

i]. Was it at the Indian camp? — A. In tiic Indian camp. 

i]. Who else was incsent? — .\. .lojin^ton. llackne\. Mr. Moore, mvsejf. and 
Sheriff Miller, and Zerst. 

'^ Were any other Indians l)esides Mr. Smith present? — .\. Yes, sir. 

<^ How many? — A. I coultl not tell you exactly; I nevt'r counteil them; they were- 
standiuj: aroinid close by. 

<^ How lon>r after this ilid you remain at this camii? — .V. .Muiut 4 o'clock or a 
little afterwards, when they broke up camp ami started, as wc supposed, to l'o on 
into town with ns. 

<2. Durin-: this time did liie ones that could talk Ilnglish, .Mr. Smith and Mr. 
r.rown, talk to the Indians al)out this warrant? — A. They <Iid. They held a con- 
V(M>ation while we were talkinjr by ourselves. We went out, the whole cainpstarte<l 
to ;;o, and we Hupjiosed they had made up their minds to jio alonj^ without any 
troubU"; instead of that, when we got to the road they pulled right straight across 
the road. 

Q. What leil yon to suppose tiiey woidd go with \ou? A. Recause Mr. I'.rownsaid 
he would go if .Mr. Smith would. They went and talked by themselves, and we sup- 
posed they were going without any further trouble. 

*l. How many wagons and Indians did you tind there al that time?-.\. i-'ifteen 
wagons. 

(^ How many Indians did you sei'".' — A. Twenty-four bucks, as near as I coidd 
• •ounf them; thesi|uaws I never counted. 

<^ (Jo on and tlesiTibe what occurred after you left the camp. A. Wc started to 
go to the road, aucl wc saw thev were not going to town witii ii-. Mr. Miller rode 



74 SIOUX INDIANS OF PINE EIDCIE AGENCY, S. DAK. 

up alongside and wanted to know what had better be done. I told him to go and 
talk to Mr. Smith. He came back after a little and said he could not do anything 
with him. Said he said he didn't live in New Castle, and made the remark or state- 
ment as before. We got together to find out what we could do about it. W'c found 
out we could not do anything without having trouble; we had Itetter i)ull out and 
let them go at that time. So this War Bonnet there kept riding with us, all the time 
bucking his horse into us, trying to get a tight out of us if he cduld; that was his 
business. 

Q. Anything else you saw there? — A. At that time we left. That was all 1 seen, 
and after that Ave went down back to the Fiddlel^ick; the whole of us, and stayed 
there overnight. 

Q. Where did the Indians go? — A. They went down Dry Creek as neai-as I could 
tell. They were going pretty nearly south or southeast. 

Q. Where did you stop that night? — A. At the Fiddlel)ack. 

Q. How far was that from the Indian camp? — A. Al)Out twenty miles. 

Q. Did you see these Indians again?- — A. Yes, sir; next evening al)out 4 o'clock. 

Q. Where was that? — A. Down on Little Lightning. 

Q. How many were there? — A. I didn't see but one I could describe. I know 
there was all the way from fifteen to twenty there anyway. 

Q. Did you recognize the same wagons, the same horses, and the same men? — A. 
Yes, sir. 

Q. You identilic(l them as the same men you had seen the dav l)efore? — \. Yes, 
sir. 

Q. You were not one of those that foUoweil the Indians? — A. No, sir. 

il. Where were you when you first saw the Indians on Saturday? — A. A\'hen we 
first saw them we was just about going down Little Lightning Creek. We saw the 
Indians come out. Three wagons had got through the fence at that time. We 
started down the road to meet them. We got pretty near to them, and they started 
to get off their horses. We saw their going to get off their horses meant business, 
and we left the road and rode down to this wire fence. 

Q. This s(|nare of lines is made to represent Mills's cabin. Thi^ is meant to rep- 
resent the Lightning Creek, running in a northeasterly direction. Will you go to 
the board and point out where you were when you first saw the Indians, then what 
you did? — A. As near as I can tell, we started over here. We started from Mills's 
cabin. We come around, I should judge, to about here (No. 10). Here's the wire 
fence. We came in here (3); put our horses here. We went to No. 11; then Mr. 
Miller went up here to No. 12; then the sheriff went over in here somewhere near 
No. i;5 and holloed to them three times. They wouldn't stop. ^Ir. Cwens holloed 
to them. They wouldn't stox). About the time Mr. Owens got through holloing 
there w^as a shot from over in there somewhere. Then we all jumped out on the 
bank. 

Q. Where were the Indians at the time Mr. Miller called for them to halt? — A. 
Along over in here; Nos. 14, 15, 16. 

Q. Where was it from where yon heard the first shot? — .\. It was over in here 
some where. 

Q- (By Mr. Burke. ) Near the road? — A. Right near the road some place. 

Q. Where were you at this time? — A. Down here under the bank. 

(}. Point on the creek where you were about. — A. On the bank of the creek. 

(}. Who else was with you at that time? — A. All the posse was with us at tliat tinie. 

(i. Who was it fired after this first shot you heard? — A. I could not tell. As far 
as the first shot, I think, Mr. Owens. 

Q. How nuich firing was done and how long did it last? — A. About three minutes. 

Q. Very many shots fired? — A. 1 slnmld judge there was a good many shots fired: 
30 or 40 shots, I should judge. 

Q. How many Indians Avere firing? — A. It seemed to me all the way from lo to 20. 

<2. ^^'hen you rode around the bend and first saAV the Indians what Avere they 
doing, if anything? — A. They were coming down the road; Avhen tiiey saw us coming 
they jumped off their horses and prepared to fight. 

Q. Where was it you saw Jesse Little War l>oimet? — A. On the olst? 

Q. Yes. — A. That was down on the river, just as I showed you, coming out of tlie 
road down toward the bank; jumped off his horse and drawed his gun; had liis gun 
in his hand ready to fire. 

il Was he standing up or lying down? — A. He Avas standing up; he jumped off 
his horse. 

0. You say he was ready to fire? — A. Yes, sir; he Avas pointing his gun. 

(I. How far was he from you? — A. Probably 150 yards from me: he was closer to 
^omt' of the other boys than he AA'as to me; I Avas at the upper end. 



Slor.X INDIANS (•!• I'INK KIIk;K AiiKNCY, S. DAK. ( ;> 

<>. Did Villi I'xaiuiiie any oi tlie wajums this day or tlie next day to si*e wliat was 
in tliL'ni".'- A. I didn't; I wasn't theiv at that tinif. I left tlio next day with tlic 
Imdies; 1 di(hi't have any time tu exaiiiinc tlie wafjoiis. 

<i. Yiin say there were l.'S t>r I'd Indians liriii^r tliere. lln\\ many did ynii si-c any 
time (hirini; the time y<>ii were lirimr or thev were lirin^'V — A. I said all tlie way 
from lo to 20. 

<^ Wliirh way were they lirin^'. from tin- west or tlie southwest? — \. They were 
(irin<r from all ovfr, as I ean jret at it, from tlu' front down to the haek. 

<^ Who. if anyone, was killed at this tinu'? Who was hurt'.'- A. Sheriff Miller 
was shot and killed, and so was Mr. Falkenheri:. 

<2. Did yuii ."'ee whether or not any Indians were killed'.'— A. Yis. -ir: tlnr'' were 
four tliat 1 know oi. 

Cross-exaniination hy Mr. Bi kkk: 
n. It was pretty exeitin^ tliere for a minute or two, wa.iu't if.' — .V. I tlioiiLdit so. 

• 2- F.veryliody scfined to he shofttinj; around you'.'— .\. Yes, sir. 

• 2. You think 'AO or 40 shots were tired'.' — .\. I should judjre so. 
<}. I )i<l yon lire some'.' — \. Yes, sir; I did. 

<i. Were you seared'.' — A. No, sir; I was not scared. 

«2- And the othei-s of the ]>os.>^e fired'.' -A. Yes, sir. 

<2. And of the total, yon think there were thirty or forty shots iired'.' Now call on 
your memory. Don't make any jruess at all. Yon know it is an awful serious thinj: to 
i:ue.>^s in a eriminal case where a man's life is at stake. I don't make any threat, 
onlyeall your attention to it, heeause the leL'islatnre has made the penalty of death 
lor swearing faiseiv when a man's life is at stake. How manv Indians did vou see'.' — 
.\. 1 will say I'O. 

'^ Arc you sure you saw 20'.' — .V. Yes, sir; I .<aw 20. 

ij. Where tiid you see them'.' — .\. I saw them on the road near the ofate. 

i}. How many were there hy the jrate'.' — A. I saw four at the gate. 

Q. How many ti-ams were thi-re tliioiigli the gate'.' — .V. Three teams through the 
gate. 

<i. Where did you see any more'.' — -A. All along down the line. 

*}. AVere tlu-re teams an<l hor.<e.<' — A. Yes, sir. 

(i. How long was the line'.' — .\. I should judge 15(1 or ilOO yards long, scattered out 
along; wasn't close together. 

<2. Yon didn't have any opjiortunity to see any more than aiiyliody elst' of the 
posse'.' — A. Just the same. 

<^ So when others of the i>osse say they "lidirt see mon' tiian "■■>. how could 
have you seen 20'.' — .\. I could have seen 20 if I looked sharp. 1 saw them: I saw 20 
of them. 

(^ You didn't stop to count them'.' — .\. Yes, sir; I did count them. 1 had time 
enough to count them while Mr. Siieriff Miller was going up to talk to them. 

<^. How long was the line'.' — .\. 1 should judge, as I told you. alioiit l.")0 or ;;iM» 
yards. 

<l. How many wagons were in that line l'>ii ^ards loiiu? — .\. Twenty men. \'i 
wagons. 

<,>. Did you count the wagons'.' — A. Yes, sir; 1 did. 

f}. They were scattered along one after another'.' — .\. Yes. sir. 

<J. How close were they together'.' — .\. I eould not tell you how far they were 
ajiart. 

<2- ^^'hat heiame of the wai;ons as soon as the shooting started'.' — .\. They com- 
menced turning and running in all directions; some one direction, some another. 

<i. Some of the Indians commenced to run in all directions'.' — A. They did after 
\\ liile; some went over the wire fence, soim- over the hill, some hack in the limlier. 

*l. You didn't see Jes.^e Little War Honnet lire any shots'.' — A. He pointed his gun, 
hut whether he fired any shots I could not tell you. 

<J. Wouldn't yon have seen the smoke if he had Iired'.* -.\. 1 expect I would. 

<^ Yon ilidn't .see any smoke'.' — A. No; I didn't see any smoke. 

<,>. You .say that tin- first .«hot lireil was Iired hy Mr. < )w«'ns'.'— .\. I didn't say so. 

<^ What dill yon say'.'— A. I didn't say he (ireit the first shot. 

<^ So that what you meant to Ik- understood. Mr. Owens Iired ihe lirst shot on 
the jiart of the iioss»''.' — A. The Imlians linil the lirst shot, just as I said hefore. 

<^. Where did it come from'.' — .\. Down from the south — some place along there — 
1 could not tell exactly where. 

•^ Did vou see Mr. "Miller when he fell'.' -.\. I didn't see him w hen he lirsl started 
to fall. ■ 

'2- Di<l you see Mr. .Miller when he went u|) on the hank'.'— .\. Yes, sir; I did. 



76 SIOUX INDIANS OF PINE RIDGE AGP:NCY, S. DAK. 

Q. What did you c-ay he gaid? — A. He told them to halt three tinier; then ]\ri\ 
Owens did. 

Q. Did he tell them to surrender? — A. Yes, sir. 

Q, Did he say anything else? — A. He said he had a warrant for them; they were 
under arrest. 

<l. Did he read the warrant to them? — A. He didn't have time to read it before 
they commeneed the shooting. 

Q. He told them to halt, to surrender, they were under arrest. Yon rememl)er 
all that? — A. Yes, sir. 

(.}. Did you see the first shot strike or hear it strike? — A. I heard the shot. 

(^ The buzz in the air, or did you hear it strike? — A. I didn't hear it strike. 

(}. You heard the report? — A. I heard the report and heard the bullet whizzing. 

Q. Where were you at that time? — A. I was down at the bank, under the bank at 
that time, because 3Ir. Miller told us to stay there until he could go out to these 
wagons and see if he could not get them to stoj) without trouble; told us not to ilo 
anything. 

Q. You were out of sight of 'Sir. Miller? — A. No, sir; we were not out of sight of 
Mr. Miller. 

<^ You were not out of sight of the Indians then? — A. No, sir; we wcj-e not. 

<^ How high a l)ank was that? — A. It would come up to about here. We simply 
stood there to see if ]Mr. ^Miller could not surrender these Indians without trouble, 
as he said he was going to try to do. 

(I. Did you know where Sir. Suiith wa.<' — A. I could not locate Mr. Smith. 

Cl. Did you .see Mr. Brown there at all? — A. I didn't see -\Ir. Brown. 

(}. The only one of these Indians you remember lieing there the second day was 
Jesse Little War Bonnet? — A. Yes, sir. 

Redirect examination by Mr. Mecu.m: 

Q. Did you see the Indian they call Black Kettle that day? — A. I saw him after 
he was dead. 

(^ You didn't see him while he was fighting? — A. No, sir. 

Q. Were your eyes on Jesse Little War Bonnet all the time, or were you looking- 
for other Indians? — A. The way I come to notice him, he started to go down the 
creek on a horse, and he jumjied off his horse and drew up his gun as I was getting 
my own gun ready; that's the way I noticed him. 

Q. You didn't watch liim all the time? — A. No, sir; I didn't. I t'ould not watch 
everything. 

Q. Did you watch Idm to see what he did after his gun was loaded? — A. He started 
to run. 

(^ AVliich way did he go, up the creek oi' down the creek? — A. Down the cr-eek. 

Q. When the first tiring occurred, did the Indians start to run, or did they make 
a stand? — A. They made a stand and fought for a while. 

Q. How many times did they shoot after the first shot was tired? — A. I said I 
thought they tired aliout 40 shots. Of course, I don't know what our men fired. 

Q. How long after INIr. ^Miller went up, or how far had he gone from the bank 
before tiiis first shot was tired? — A. As near as I can tell from where I was standing 
he went within about 40 vards of them. 

(2. Of the Indians?— A." Yes. 

Q. Were Mr. Miller and Mr. Falkenberg shot right away at this first volley or soon 
after; were they shot about 40 yards from the Indians, or near the bank?— A. They 
were on top of the bank. 

(i. Had they retreated CSiv. ^Miller and Mr. Falkenberg)? — A. No, sir; they stood 
right there. 

Kecnjss-examination l)y ]\Ir. Birke: 

Q. I understand you heard about 40 shots. Do you now say you heard the Indians 
shoot a))out 40 times? — A. The Indians shot 40 times; I am not saying how many 
times we shot. 

Q. You counted 40 shots? — ^A. 1 said as near as I could tell. 

Q. Could you di.'^tinguish between their shots and the posse's shots? — A. Yes, sir; 
I c;an tell where a sound comes from. 

(^ They were firing very rapiilly, were they? — A. Yes, sir. 

<^ You could tell tlie difference l)etween their shots and the posse's shots? So 
you think they tired 40 times? — A. Yes, sir. 

Mr. Mi'X'iM. Did vou distingttish bv smoke or location? — A. ]>ocation of sound. 



SIOIX INDIANS (il- I'INK KllXJK ,\(;i:N(V. S. 1».\K. il 

H. B. H \( KNKV, calk'd a^ a witness mi lu'liall of tin- inost'cutiun, aii<l laiiii; lii>t 
«luly sworn to testify the truth, tlu' wliolr truth, aii<l iiotliiiiy: l)nt tin- trutli, tcstifuMl 
as follows: 

r.y Mr. .Mi:< I m: 

<^ I'li'aso state your name, n'siileiuv. ami occupation. — .\. K. H. Ha«kncy: ixiii- 
I'ation kintl i>f mixed; handle a little stock., ami rest of the time I work aronml at 
anythin>r 1 can liml to do. I live in Newcastle. 

<2. Were you aniuainted with William H. Miller, the sheriff, there? — A. Vis, sir. 

i]. Were you with him on the ;>Oth day of Octohi-r. HKCr.'— A. Yes. sir. 

<^. How did you hapjjen to In- with him'.'^.A. Simply because he wanted me to «;o 
with him fi)r the pmposc of lookinfr after sonic Indians who were rc].urtcil killinir 
^'ame. 

<2- \\'herc did you jjo from Newcastle? — .V. Mr. Miller wasn't with u> the tir.-t 
day; he had other business. lie didn't start with us the day we left Newcastle; I 
l)clit've it was the niornin<rof the "-'."'xl. We went from theie to the Land) i^ ('arlstm 
ranch. 

<^. What coimty was that in? -.\. Weston Counly. I lielieve. I ain't enouirh 
posted to answer correctly. 

(^. Did you -ro to the Indian camp on ()ctol(er ;!0'.' — .\. Yes. sir. 

*]. l>o you know what county that was in'.' — A. No, sir. 

*}. !>o you know liow far it was from the line'.' — A. No, sir, I don't. I l>eli<'ve it 
it to be in Converse County, but I could not answer, for 1 never asked. 

• ^ Who did you see at the Indian camp'.' — A. 1 saw a number of Indians there. 

• 2- I'o you recoirnize any of these Indians beff>re you as the Indians you saw there 
that <lay? — A. Yes, sir. 

<2. Which ones do you recoirnize as beiui: nien you saw there the day of the .'JOth'.' — 
.\. This man Charirin;; Wolf — that is the name you have eot over him. That man 
with the blue tie — .lesse Little War Bonnet — that is one I am positive that was there. 

<^ Any other.<* — A. I'wouldn't like to say positive. I think they look familiar, 
liiit I Wouldn't like to .-^ay 1 knew i)Ositivi'ly. 

i^. They all look familiar? — \. Yes; they all look familiar, bul I wouldn't In- 

IKtsitive. 

<^. Ibiw many did you sei' at the cam]i that day? — .\. I didn't count them 
myself. 

<^ .\nythiii.ir biu Indian men there'.' — .\. Yes, sir; theie were a numbcrof Indian 
women and some children. 

<2- Any wajrons'.' — .\. They was camped there. This was the .'iOth you are speak- 
iuLT of? They were there in I'amp around their camps. 

(^ Did you set' the sherift' .^t'rve xhv warrant on any of the Indians? — .\. I saw him 
Jt'ad the warrant to this man that answered the name Smith. 

Q. (ioon and tell just wh:it he did. — \. There were others aroinid there, but 
what ones I could not say. 

<2. I low many Indians were around there".' — A. I could not answer that accurately ; 
there were a nundn-r, l)ut how manv I could not say. 

<^ .\bout how many'.' — A. I shouM say there were a ilozen. 

<^ Was tlu-re any conversation l)esides readinjr the warrant? — A. Mr. Miller read 
the warrant to this man Smith. This man then talkeil in his o\\ ti lan<rua!;e to the 
other Indians, but what he said, or what the conversa.tion was, of cotn-si', I know 
not. Smith simply told Miller that he wasn't jrointr: that he didn't live in New- 

c;i-tle. 

• I. 1 will ask you if .Mr. lirown was ]>re.>^ent'.' — .\. Yi'S. >ir: l>ut not when lu' lirst 
rea<l the warrant to him. 

^^ Do you say he read the warrant twice? .\. Yes. sir; he read it to Brown and 
Sndth afterwards to<rether. There was then some of the Indians aroinid. 

• ^ What did the Indians say after the warrant had been read to them and the 
ollicers talked to them alioiit <:oiiii.r with them'.' — .\. I could not tell von what thev 
said. 

(2- NN'hat did .Mr. I'.rown and Smith ^s;iy?—.\. Brown <lidn't apjx-ar to have nmch 
to .«ay. Smith told him ( Miller) hi* ilidn't live in Newcastle, and wouldn't jro. i»n<l 
he couliln't takt- him; if he wanted trouble, he could have it. Miller told him he 
didn't want trouble, and he was simply wantin;: him to <ro alon<: peacefully. .'*^mith 
told him. '"I know the law, an<I I know your duty as well as you <lo, and what 
they ex|)ect of you. but you can't take me." 

• i. What didthe Indians do after this'.'— .\. .Mti-r they talked amoii'rst themselves 
a short time — 1 wnuldn'f sa\' but a slmit time — Smith saiil tlu'\ was iroiii"' to hitch 



78 SIOUX INDIANS OF PINE RIDGP] AGENCY, S. DAK. 

up, and they all hitched up tlieir horses and started, and we supposed they were 
goinj; to go with us; we naturally supjiosed that; l)ut when they started, in plaee of 
going the way ]Miller wanted them to, they took across the prairie. Miller tried to 
get them to stop. He tried to get this man Smith to stop; tried to get Brown to 
stop. I didn't hear this; only what Miller says. He said. Brown says he would go 
if Smith would, but I w-asn't near enough to hear that. That is only heai'say. When 
they wouldn't stop Miller went ahead. They had a man that rode in the lead and 
the rest followed; and ]Mr. Miller went ahead and stopped him, and they all came 
up then, and Miller tried to get them to turn and go down the main road, and they 
wouldn't. I don't think there was a man in the bunch, not an Indian, but what 
motioned to their leader to go on, and the consequence was the man that was 
leading the way went on and the wagons followed. 

Q. Did you see the Indians aftei- this? — -A. When they done that ^Miller called us 
all up together and wanted to know what we would do, and we told him he was the 
man that was running the outfit; to use his own judgment; and the Indians then, 
when they came up, all formed around us. Some of them — they was all riding 
horses — got off their horses and had their guns in their hands. They said nothing, 
but they was all around us, and this man that I spoke of. Little AN'ar Bonnet, he was 
on a horse and he made it a sj^ecial business while we was there together to ride 
through and back and across again, and so on, amongst us. Whether it was friendly 
or not, I could not answer you, but we did not consider it a very friendly act. 

Q. That was the first day? — A. That was on this first day. Finally Mr. IMiller 
decided we wasn't strong enough to do anything, so we left them. 

Q. Did you see them on Saturday, the 31st day of October? — A. Yes, sir. 

Q. Where was it when you first saw the Indians on that day? — A. We left tliis 
ranch, I suppose it 

Q. What ranch was it? — A. I believe they said it belonged to a man by the name 
of Mills; it w'as on Lightning Creek; and when the boys came in and reported the 
Indians were coming, we expected to meet them somewhere on Lightning. We 
had been reenforced. When that report came in we saddled our horses and went to 
meet them; started from this ranch and rode up the creek. 

Q. Can you point on this map about the way you traveled? — A. I think I could 
give you an idea from that. 

Q. State where it was. — A. As the boys came in and told us they were coming, we 
got our horses out and saddled, and we followed up the road, and when we got in 
about this neighborhood, about between 2 and 10, somewheres about here, we saw the 
Indians coming along here; the leader was coming close to the fence. We followed 
the road down a little further here. The Indians, soon as ever they saw us, a few of 
them got through the gate, just how many I wouldn't say, a small bunch of horses 
and two or three wagons — I wouldn't pretend to tell you exactly how many — they got 
through the gate here, and they began to file off here and get off their horses. 
Along in here south of the gate there w^as some trees. Some began to head along 
down here toward the road. When we saw them doing that. Miller and Owens were 
riding ahead; he said, "We will turn into the creek, boys." We turned into the 
creek — that I suppose is the creek. We rode up close to the wire fence here; there 
we could not get across it, so we jumped off our horses and left them here. We goes 
through the fence, Miller and Owens was on the lead, and I guess I was about the 
next man to them, and somewheres, not far from the fence, just how far I don't 
know, but it was close. After we got through the fence Owens and Miller ran up 
the creek, somewheres along in here. It wasn't a great ways from the fence, and 
they holloed to the Indians, both holloed for them to stop, throw up their hands, 
holloed for them to stop. I think is w'as three times, but I will swear jjositive it 
was twice, but I think it was three times, and then the answer that came back was 
from some gun over down here, from tiie Indians in here some place down toward 
the road; the rest of us was in the creek, at least all I saw was in the creek bed, down 
under tlie l)ank like, and when that shot was fired we all got up this bank, and 
quicker tlian I have taken time to tell you firing commenced in general. 

Q. Aljout how many Indians did you see there?— A. I could not say; there was 
quite a group of them here close to the fence; then they was strung clear along down 
here, even as far as this corral, but just how far down I could not answer you. 

Q. About how many Indians were firing at the white men?^A. I could not tell you 
how many; it seemed as though the whole bunch was. 

(.1. Can you identify any of these Indians as men you saw there at that time shoot- 
ing? — A . This man — War Bonnet — 1 am i)ositive 1 saw that man ; he was up here close 
to the fence, and went back on his horse to somewhere in here, and then got off his 
horse, and 1 am positive he was one that was firing. I don't know I would have taken 
so much notice of him but he had taken so much notice of us the day Ijefore. He 
was the only man I could recognize that took any part in the firing. 



Siorx INDIANS OK riNK RUXJK AOKNCY. S. DAK. 7'.> 

Q. Did yuii ?;fc liini when lu' ^ot off his Imrst''.' — A. Yt s, sir. 

(2. Wiiiit dill hf ilo? — A. Got off and ^'ot down to tlio »rronnd close and wtiil to 
lirinj;, l)nt how lon^r lie lired I can not say. 
»i. Did you see any other Indian lire'.'— .\. Yes, sir; l>nt 1 could not tell yiu what 

OUl'S. 

<^ Aliout how many were (iriii>r at you? — .\. I wouldn't pretend to say. It.'^cenied 
to nic as tlK)Ujih every one else there hail a ^un he was shooting' a couple of times 
apiece at once. 

(2. Was anyone killed or hurt? — .\. There was two of the white men kilhtl -Tilly 
Miller and a man I had never seen before until that ilay. 1 l)elieve they called him 
Falkenher<:. 

n. Was he shot l)y the Indians? — A. lie undoulitedly was. 

Cro.^s-exanunation by Mr. Bikkk: 

(I. Did you see this man Je.sse Little War Bonnet Hre his jruu off, or was l.i- siin- 
plv in position to fire it? — A. I am positive he sliot once, hut I wouldn't say he shot 
more than onie. 

Q. He was no! Iirin>: at tiu' heirinninjr of the shootinji? You .siy he ;.^ot off his 
horse after the shootinji; l>ei;an. — .\. It was ju.st about the time the tirst sho(itin<_' t'om- 
uienceil. 

(l It wasn't the first shot'.' — A. It wasn't the first shot. 1 wouldn't say he di<in"t 
shoot the first shot, but 1 ilidn't see the man who fired the first shot. 

<2. IH> you know where Black Kettle was, the man that was killeil? — A. No; 1 
didn't see him. I will explain to you. 1 ilidn't know nothingof the fellow, because 
wt' didn't examine the jrround that nijrht and I got my ankle badly sjjrained and 
never went back to the field next morning, so I know nothing of the location. 

(^ And that is the only Indian that you can identify among these that were 
shooting?— .\. That is the only one I can say was shooting. 

• ^ He Hed uj) the stream from there? — A." The last 1 saw of him he was running 
uji the stream. 

(l Tiiey ad tleil away, the women, the chilch'en, and tlie wagons? — A. I should 
think they staid and fired, I will say about two or three rounds apiece, gue-ssing 
now, before they ran. 

(^ Then they" all ran?— A. Yes, sir. 

(i. You say the sheriff said "stop;" is that the word he used? — A. That they are 
the exact words, I <lon't like to say, but it was to the effect to stop; and not only the 
sheriff, but Owens holloed as hard as they could seemingly lioUo to them. 

C^. .\nd they stopped didn't they".' — A. They stojijied: yes. 

(^ The procession was led by a small bunch of honses? — A. I think the horses was 
ahea<I; tlu'y was conuug through the gate. 

<^ Did you see any girl there with the horses? — A. Yes; there was one. I didn't 
see her with the horses, but it was l)ack of the gate. I could not answer very much 
in regard to what hajjpened here at the gate, as I was up this way the furthest and 
my attention was drawn in this direction, and I know not what hapitened about the 
gate. This man Kalkenberg was somewhere close to the fence; he was killed; I 
ni'ver knew that man was killed until it was all over. 

^^ Did you .see Brown? — A. 1 saw Brown the first day but not the second. 

<J. B)ro\vn was willing to go with the sheriff? — A. That was all I know about it; 
that was what the sheriff reiMirteil. 1 didn't hear him say so. 

»j. You dineil thereat I'.rown's that day? — .\.. Yes, sir; we ate dinnei- at Brown's 
camp. 

n. And the whole relation at that time was pleasant? — A. Yes; they treated us like 
gentlemen; .Mrs. Brown seemed to be a perfect lady. 

(^ They had their children along with them, and their wives".' — A. Yes. sir. 

*l .\nd their conduct was respectful, was it? — A. In .<o faras the wouu-n folks was, 
1 call it respectful; but as far as th(^ Indians was — that is, they refused to «:o with 
.Mr. .Miller, and treated us very cool. 

<^ .\nd they were then on their way out of the State"? — A. They wen- simjily 
campecl there. I don't know which way they were going. 

(I. From that camp they started toward their honu', out of the State, east".' — .V. 
Started south. 

(I. .\nd traveh'd in the neighborhood of (>(» miles that night, t<iward getting out 
of the State".' — .\. I could not answer you as to the distance. I am not enough 
a(i|uainted with the country. 

<^ .\bout 50 or fiO nnles".' — A. I would suLrgest it was in the neighl'url d of •")() 

miles. 

<^ That was about 4 o'clock in the afternoon they Inul hitched u]>'! — A. We left 
them; I had no watch; it was about sundown when we went away from them. 



80 SIOUX INDIANS OF PINE RIDGE AGENCY, S DAK. 

Q. The next day you met them abmit nO mile^< from tliere, ytill travehiiii' toward 
the east in a general direction? — A. Yen, ssir; they were travelini^ down Liifhtninu- 
Creek. 

Jack Moore, called as a witness on l)ehalf of the |)ro.secution. aiul being first duly 
sworn according to law to testify the trutli, the whole truth, and nothing l)ut the 
truth, testified as follows: 

By 3Ir. Mecum: 

Q. Please state your nauie and residence. — A. .lack ^loore, Newcastle, Wyo. 

Q. Were you with the sheriff's jkissi' on the 80th and lUst days of Octolu'r, 190.'!? — 
A. Yes, sir. 

Q. Were you acquainted with one William FI. ^liller? — A. Yes, sir. 

Q. What official ])osition, if any, did he (urupy? — A. Sheriff of Weston <'Ounty. 

Q- How did you happen to lie with him? — A. I was sworn in as a deputy sheriff. 

Q. For what purpose were you sworn in as a deputy sheriff? — A. To go out and 
arrest some Indians that were violating the game law. 

Q. Did you go with the sheriff? — A. Yes, sir. 

Q. Did you see any Indians?- -A. Not for some time. 

Q. Did you see any Indians at all on this expedition? — A. Yes, sir. 

Q. Where was it you first saw them? — A. Two bunches; the first bunch the second 
<lay we were out; we came up to them about noon, on tlie Cheyenne River.- 

Q. What time was that you saw them; what day of the month? — A. I think it 
was the 24th of ()ctol:)er. 

Q. What did you do with these Indians, if anything? — Ji. Read the warrant to 
them, put them under arrest, and sent them back to Newcastle. 

Q. Did you see any Indians after that? — A. Yes, sir. 

Q. Where was that? — A. On the 30th of Octolier we ran on a bunch of them on 
Dry Cheyenne, just below "the 74 pens." 

(j. Is that in this county or Weston County? — A. Converse County. 

Q. Had you been trailing these Indians before that? — A. Yes, sir. 

Q. Where was it? — A. Heard of them al)ove the Church ranch. 

Q. In what county is that? — A. Southwest part of Weston County, I believe; very 
near the line. 

Q. At this time that you saw them on the 30th, how long had they been at that 
camp? — x\. Not knowing, I could not say. 

Q. Do you know how long Ijefore this time tliat they were at the place you men- 
tioned a moment ago? — A. No, sir; I don't. 

Q. Do you know whether or not they had l>een hunting in your county? — A. I 
could not swear to it myself, the supjiosition is they were. 

Q. You found their trail in that county, and tliat was the general report? — A. 
Yes, sir. 

Q. State now, after you w'ent to the Indian camp on Friday afternoon, Friday, the 
30th of October, just what the sheriff did, what was said by the sheriff and by the 
Indians, and what was done there at the camp. — A. When we found the camji 
the sheriff rode up to the camp and started to talk to one of the Indians; he tlidn't 
seem to understand him very well. He asked wliere Smith was; he said Smith was 
out hunting. One fellow rode down the creek and acted like he was trying to get 
away somewhere; this Indian that was talking to Miller told him there was an Indian 
that would go out for Smith, and went to liim and l)rought him back. ^Meantime we 
stayed around there. After this man I'ame havk he went out looking for Smith. 

Q. Did you see Sheriff Miller serve any warrant upon the Indians? — A. Not at that 
time. 

Q. Any time during this day? — A. Yes, during the day, when Smith came into 
cam}). 

Q. Will you please look at these men and state whether you recognize any of thest- 
Indians as being persons who were at that cam]) on the 31st day of October? — A. 
One of them I recognize. The fellow with a blue handkerchief or green handker- 
chi&f, Jesse Little War Bonnet. 

Q. Any others you remend)er seeing there tliat day? — .<. One 1 did, Fool Ht'art; 
that is all I rei-ognize. 

Q. About how many Indians were present that day? — A. Between 20 and 2."> 
bucks. 

Q. Women, children, and wagons were there? — A. Yes sir. 

Q. Did you see them the next day? — A. Yes, sir; I saw them the next day. 

(^ Wliere was that?— A. The first time I saw them the next day was Di'v Creek, 
I believe, they call it. 1 don't know the lay of the country. I could not tell, but 
as far as I could see it was north of the Heaver dams, wherever that is. 1 had been 
following them all dav. 



Slorx INDIANS (»F I'TNK RIIXIK AdKNCY, S. DAK, HI 

*l. Wert- Vdii oiii- (if till' iiirii that folluwcc] tliciu ilhIIi of tlie Fiilcllcliack lamh'.' — 
A. Yes, sir.' 

(^. Wert^ thesi' tlu» saiiic Indians voii lia<l st-i-n tin- <lay In'fort'?— A. Not knowinj.'. 
I could not say wlicthcr they wt'iv or not at that time. 

(^ Did yon set- their tracks or trail?— A. Yes, sir; we went back wlu're we left 
tlu ni the day hefore, took their trail, and followed them on through. 

• j. Was this on .some traveled mad or across the lonntry '.'— .\. I conld not say it 
was a very well traveled road; wasn't iinicli i-oad there; it went thron;.di the i»ry 
(rei'k breaks. 

i.». Could you ]>lainly see where they traveled? — A. Yes, sir. 

<^. I low did you know it was an Indians' trail you were on until you came uji to 
them? — A. It was just a su])iiosition it was the Indians' trail. There we saw many 
pony tracks an*! wajron tracks. 

*i. When you overtook them.ahout how many Imiians diil you >cc and how many 
wayons? — A. Fiftet-n wa<:ou>. 

(i How far (lid you follow them?--A. 1 could not say how far it was; nnist have 
Keen .somewhere between 25 and .'Jo miles; they drove all niirht. 

(I. Are von one that rode ahead to notifv the po.sse the Indians were comnifr'.' — 
.\. Yes sir. 

<,;. How near where the |ios>e were were the Indians when you left them? How 
near were the Indians to this battle Lrround before you left them, when you la-t .-aw 
them? — A. Must have been between three and four miles. 

(.2. Wliieh way were tlu'v travelin;:; on what road? — A. I don't kiKiw which way 
they were travclin>j:. 1 don't know the lay of the couuti-y, but I should ,siy they 
were travelinjj: southeast or east. 

Q. They were travelintr down Li'rhtnin<r Creek? — A. They were not on Li<rhtnin^ 
( reek, they were on ] >ry Creek, the l)eaver dams, whichever creek they was on, riplit 
in the bend. 

(2. Did you see the same Indians airain that day, after you >:ave notice to the 
j.os.se? — A. That was when the lijrht took place, that was the next time 1 saw them. 

(1- How far were you from the Indians when you first saw them before the li<rhf.' — 
A. I should jud^re the first time I saw them was aliout — must have lu'eu at least half 
a mile. 

<2. You were poin<: toward tiie Indians? — A. Yes, sir. 

'i. Was the eoimtry such that you could see the Indians, and they could see you 
cominji'.' — A. Certainly, I think they conld if they were lookiiiir; wi' .«aw them have 
some field »rlasses. 

(2- How were thev travelinji? — A. On horseliack. Thev had field >rlasses and so 
did I. 

<2. You were at the battle were yon?— A. Yes, sir. 

i}. Will you look at these men and see how many you can identify as beinir jiresent 
at that battle'.' — A. Only one I can swear to, Jesse Little War lionnet. 

<2. Where was he when yon siiw him'.* — A. Ridinj: in the lead. Eiirht of tlxMii 
were ridin<r in the lead. 

<2. Where with reference to this wire fence were they; had they passed throujrh 
the wire fence, or had theyirot to the wire fence? — A. Yes; some of them were inside 
the wire fence, if I remember ri<rht, three wa.irons at least, and a few ponies. 

(2. Which way were the Indians traveling: at that time? — A. Seemeil to be travel- 
ing.' down Lijjliti'uiu^'. 

<2. What did the sheriff do after he yot up near tlie Indians",'— .\. Asked them to 
-iirrender, la>' down theii'arms. 

<2. Hid you hear him ask the Indians to snrrcndei?—.\. Yes, sii'; I was within ."iO 
ii^et of him. 

(2- How far was he away from you, anil how far from the Indian.^'.' — .\. Thirty 
feet from me when he lirsl halloocl to them. I le could not have lieen over L'."> yards 
from them. 

• 2. Was there any shoolinj,' occm-red there? — A. Yes, sir; shoot in;r oecurred. 

(}. Did you hear the lirst shot, or .«ee it?— .\. I could not say I .siw it; I heard it. 

• 2. Where were you when the lirst shot was lired; can you locate it on this niaj"? — 
\ I could not locate it on that maji. 

<2. Can you state where you were'.' — I conld draw a better map tlian that myself. 

C2- Can yon locate about where you were witii rei'ercnce to ihc Indians on the 
map'.' — A. I could not; no, sir. 

<2. How far were you from the Indians? — A. I wa< probably any wlwre lietweeii 
.o yards and •")(). 

<2. How I'ar was this.lcsse War Honncf from you?— .\. This Indian here? 

s. Doc. i-j.s - •; 



82 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. Yes; how far was he from j'ou?— A. When I first saw hiiu he wasn't very far, 
but l)y the time he got through running he was a long ways. He started to run 
aboutthe time we rode up to him. 

Q. What do you say he did, if anything? — A. I saw him turn and run, and stop 
and take one shot and turn and run again. 

Q. With reference to this gate or wire fence, where was he? — A. Inside the wire 
fence. 

Q. Tliat is north of the wire fence? — A. I don't know whether it is north or not. 

Q. Did you see him shoot any after that? — A. No, sir. 

Q. What were all these other Indians you saw there doing? — A. I could not say I 
saw any of these there. 

Q. How many of these did you see at the fight? — A. I can say at least eight. 

Q. Were all of those eight taking part in the fight? — A. That's all I noticed taking 
part in it. 

Q. Did YOU see any other Indian men that were not taking part? — A. >To, sir; I 
didn't. 

Q. Was there anyone killed or wounded as the result of this fight? — A. Yes, sir. 

Q. .Y^ou say you heard the first shot; which direction from you was it? — A. Right 
in front of me, a little to my left — must have l)een west, the sun was just setting. 

Q. You were with the posse? — A. Yes, sir. 

Q. Who, if anyone, was killed at this time? — A. Sheriff JMiller was shot; Louis 
Falkenberg was shot. 

Q. ^\^ere they both killed? — A. Louis Falkenberg, you might say, was killed 
instantly; Sheriff Miller lived about 30 or 40 minutes after he was shot. 

Q. About how n)any shots did you hear coming from the direction the Indians 
were located? — A. I don't know how many shots; they were coming pretty fast. I 
should judge from 75 to 100 shots at least. 

Q. After this first shot, who fired the next shot, do j^ou know? — A. Xo, sir; 
I don't. 

Q. Was it a white man that shot that first shot? — A. Xo, sir; not that I know of. 

Q. These Indians that you saw, did they shoot while they were running, or stand 
still to shoot? — A. I didn't see a man stand still to shoot; they all dodged behind 
something or tried to get away. 

Q All the Indians you saw seemed to l)e resisting the officers, firingtoward them? — 
A. Yes, sir. 

Q. I will ask you if you examined any of the wagons after this l)attle? — -A. Yes, sir. 

Q. How many did you examine? — A. Three. 

Q. What did you find in them? — A. Found jerked meat and antelope hides. 

Q. About how many antelope hides? — A. Between 20 and 25; I just forget the 
number; anyway between 20 and 30. If I remember right there were 23. 

i}. Did you know how long this band of Indians had been in AWston County? — A. 
I know about when I saw them when they went through Xewcastle. 

Q. How long? — A. I should judge about three weeks. 

Q. Did you talk with them or hear the sheriff talk with them to see where they 
were from— where they belonged? — A. Yes, sir; I talked to them myself. 

Q. W^here did they say they were from? — A. Pine Ridge Agency. 

Cross-examination by Mr. Burke: 

Q. 8o you don't know who fired the first shot? — A. Xo, sir; I c(3uld not swear who 
fired it; I could not swear what Indian fired it. 

Q. Did you locate where Black Kettle fell? He was one of the Indians killed. — 
A. Yes, sir. 

Q. Did you locate where he fell? — A. After the fight was over. 

Q. And the first shot came from the direction of where he was?— A. Near about; 
yes, sir; it was in that direction; I wouldn't say positively it was down that far. 

Q. And the only Indian of these here that you recognize as being there participat- 
ing in that fight is the man Jesse Little War Bonnet? — A. That is the only one 1 
recognize as l)eiug in the fight. 

Q. And you say you first saw him near the head of the procession of Indians? — 
A. Yes, sir; there were eight of them riding abreast. 

Q- Where was he when he shot? — A. I should judge he was prol)al)ly 30 yards 
from the gate at the time he shot. 

ii And fieeing to the rear? — A. Yes, sir. 

(^ Tiiey were shooting at him and the others when lie shot back? — A. I could not 
say anylxxly was shooting at him; he was too far; he was up to the right of where 
the fight stai-ted; was trying to get back there. 

Q. Was trying to get away? — A. Yes, sir. 



SlOrX INDIANS OF IMNK KIIKJK ACJKNCY, S. DAK. 6S 

(.2- TIk'U tlicy all tricl tiij.'i-l away? — A. Tiiose that stou.l there .liiin't try t«i <ivt 
away. 

i I. What heeame of the wairoiis? — .\. The wajroiis all tiiriieil Imt niie. 

<^ They Hed away? — .\. They left their iiu-n there ami the ^^<|llaw.•- jmlled (Uit. 

<]. Tluy were traveling' with their wives ami ehiMreii, •rnin^' in the <lirectinM that 
Wdulil leail theiM out of the State — that would lead them home? — .\. Ye.<, sir. 

<^ You say they traveled all the ni^dit liefore? — A. Yes, sir. 

<^ .\iid it was in the general direction of ^ettin^ out of the State? — A. Yes, sir; 
thi-y knew it was attout time to jret out of the State. 

<2. What did Sheriff Miller .>^ay? What was his laniruaye when he went up out of 
the ereek l)ottom tiiere? — A. He asked them to surrender, to lay down their arms. 

<^. Was that his lauLMUiL't-? — A. It was to tlie ,>^ann' effect. 

(]. Ditl you see Smith there at that time? — .\. I did not. 

<^ < )r Brown? — .\. No, sir; not at the time Millerasked tiiem to surren<Ur, hecause 
1 was undir the hank. 

1^. MilKraud Owens went u\> lirst <iver tlu' hank? — .V. Yes. sir. 

C'liAKi.KV H.\RVEV, called as a witness on hehall' ol the prosecution, and heiu'.'dnly 
yworn to testify the truth, the whole truth, and ncthiu}: hut the truth, testilied as 
follow.*: 

I'.y Mr. Mi.(Im: 

(2. State your name, residence, and occupation. — A. Charles Harvey; Hampshire, 
\\ \d.. Chevenne l\i\er. 

t^ What is yuur occupation? — A. Kanchman. 

ii. Were you aci|uainted with .sheriff William II. Miller, of ^Veston County? — A. 
Yes, sir. 

<^ State whether (jr not vou were with him on the ."JOth dav of ( )ctol>er, Mtd.T' — A. 
Yes. sir. 

<i. How did you happen to he with him? — A. He dejiutized me to p) with him. 

fj. For what purpose? — A. To arrest some Indians, I })elieve. 

(]. Where were you on that day — the iJUth? — A. Was at the Fiddli-hack ranch on 
the .SOth; went from there to the Litrhtuino: Creek. 

(^ Were you at the Indian camp on the .SOth with the sheriff? — A. Yes, sir. 

• ^ Tell ju.st what the sheriff did in your presence. — A. At the liglit? 

<2- That day, or after you <j;ot to where the Indians were. — A. He said at the Cow 
camp, " We will no up and arrest the Indians if we can." We got up there, and he 
went up there and asked them to surrender, I believe. They didn't do it, and I 
lielieve some shots were exchan<red there. 

The CoiKT. He is askin<: you ahout the first day. 

A. I wasn't with them the first ilay they met them. 

• I. Were you at tiie battle on tlie second day? — A. Yes, sir. 

1^ Will you }>lease look at the.se men and see if there are any you can idtiitify as 
beinjr present at this battle? — A. One I recoj^nize; that youn;,' fellow in the micldle 
with the lijrht pants on. 

(^ Jes.«e Little War Bonnet?— A. Ye.s, sir. 

*]. Any others you recoirni/.e? — A. No, sir. 

(^ How far were you away from Jesse Little War Bonnet or any of the Indians 
that were (irinji that day? — A. .Mujut L'o yards, I should juiIl'c. 

• ^ How many Indians did you .«ee there? — A. Al)out liO, I should judir*-. 
i]. How many wa>rons dicl yon see? — A. I .seen aliout 10. 

<}. What did the slieriff <lo — the first thin<rhedid after getting down on the creek? — 
A. He says, " I will go up and arrest the Indians, and you boys follow." When he 
got up on the bank he asked them to .-urremler, and atxmt the ne.\t thing I remem- 
ber of was somebody shooting. 

il. Where were y<tu, with reference to the win- fence and the creek? — A. .\i)out 
'_''i vanls above the win- fence, I believe. 

<). In the creek?— A. Creek bank. 

(2- With reference to your position, where was that lirst slht lired iinm'.' — .V. KiL'ht 
straight out in front of us. 

<2- Hid you see the one that lired the shot? — A. .\o, sir. 

• 2. What occurre(l after that? — A. I believi' lie says, "Conu- on, boys." We got 
up on the bank— all got up on the bank — and some of them turne<i to get away. 

<2. I didn't understand the last part. — A. They started to run when he said 
surrender. 

<2. Hid you .<ee any of the Indians firing? — .\. Yes, sir. 

<2. Which way were they firing? — A. 1 thought they was tiring lowanis the bunch 
of us; I can't say, but I think they was; 1 think they was firing at some of us. 



84 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. Did they stand and fire where you could see them? — A. Yes, sir. 

Q. AVhat proportion of these were taking part in the tiring? — A. I should judge 
every one of theiu. 

Q. Did they uialce a stand and fight you? — A. Yes, sir. 

Q. Who, if anyone, was hurt — anyone shot? — A. White men? 

Q. Which ones? — A. I beheve Louis Falken))erg was shot the first one — I knew 
nothing about Miller. 

Q. That is, Sheriff Miller?— A. Sheriff Miller. 

Q. Do you know who he was shot by? — A. No, sir. 

Q. Was he shot by the Indians or wliite men? — A. Yes, sii'; he was shot by the 
Indians. 

(4. How long did he live after this shot? — A. About half an hour. 

Q. From where you stood, where did this firing seem to come from; any one 
place? — A. Came from different directions; from about three different directions, 
west, north, and south. 

Q. Where did these wagons go to? — A. They pulled up the country pretty lively, 
uiost of them. 

Q. Did you examine the wagons, any of them, to see what was in them attcr this 
fight?— A. I did two days later. 

Q. How many? — A. Ten. 

Q. Where were they? — A. On the divide of the Twenty-^Iile and Lightening. 

Q. Did you trail the wagons? — A. Yes, sir. 

Q. You recognized them as being the same wagons the Indians had? — A. I did — 
some of them. 

Q. What did you find in the wagons in the way of game? — A. Found a lot of meat, 
some dried beef, and ))eef hides, sheep hide-, and antelope meat. 

Q. Any antelope pelts? — A. Yes, sir. 

Q. About how many? — A. There must have l)een a hundred. 

Q. Was it in one wagon or strung along? — A. In all the wagons; different wagons. 

Q. About how manv were in a wagon? — A. On an average about 25 — something 
like that. 

Q. Do you know where these Indians had been hunting previous to the time you 
went out there? — A. I had heard about it, but had not seen them. 

Q. You live near the place where they wei'e first api)rehended? — A. Yes, sir. 

Q. Do you know wliere the Indians had l)een hunting? — A Had been hunting in 
Little Thunde!' F>asiu most ol' the time. 

(^ What county is that? — A. Weston and Converse, right on the line. 

(.1. Did you hear any answer from the Indians after thy demand of the sheriff? — 
A. Nothing; only the report of a gun was the next thing I heard after he asked them 
to surrender. 

Cross-examination by Mr. Bukkk: 

Q. You don't know who fired that first shot, do you? — A. No, sir. 

Q. You were in the creek bottom, were yon not? — A. Yes, sir. 

Q. You don't know whether that was one of the posse or whether it was the 
Indians who fired the first shot? — A. I could not say. 

Q. You had as good an opportunity to observe as any of the i)osse from where 
you wert? — A. No, s-ir. 

il. That is, anv but Mr. Miller and Mr. Owens?— A. No, sir; thev were in the 
lead. 

il. They were in the lead and had the l)est opportunity to observe; otherwise you 
had as good an opportunity as anybody else? — A. Yes, sir. 

Q. Why do you say -Mr. ^Miller was shot by the Indians? — A. I saw an Indian 
shoot at him. 

il. You didn't see any of these Indians shoot at him? — A. I could not say. 

il. That was after the shooting had become pretty general? — A. Yes, sir; it was 
getting pretty warm around tliere about that time. 

Q. The Indians generally were fleeing? — A. No, sir. 

Q. The wagons had turned? — A. Some of them had: some of them had not. 

Q. Were there some of tliem fleeing? — A. Not at that time. 

Q. Now tlie procession was headed, was it not, by a bunch of horses — of ponies? — 
A. Yes, sir. 

(.1. Did you see a girl driving tliem, or some one driving the jionies? — A. Yes, sir. 

i}. The M'agons were going along with men in the wagons, and some of them 
riding horseback? — A. Yes, sir; most of them were horseback. 

il. None of them walking when you first saw them?— A. No, sir. 

il. They were on their way east going homi'?— A. I sup{)Ose so. 



SlorX IN'DIANS OF riNK KIlXiK AdKNCV, S. DAK. Sf) 

(^ Now, just wliat dill the slu'iiff s:iy w Iumi he went iiji over tlie Imiik tht re? 
Wliat wen- the wnnls lie iiseil'.'— A. IIi- said. "Stu]!; surrender," was ahuiit all I 
licard iiiui «ay. 

<^ I>id yuu see the man Smith, the IiuUaii? — A. Not at that time. 

• ^ i>id yuu see Broun, tlie Indian? — A. No, sir. 

(}. liow many of the Indians were sliot? — .V. 1 could not say. 

l^. How many did you see that were shot? — A. Four. 

12- Four killeil? I low many were wounded? — A. One. 

(I. I>o you know iiow many more were wounded? — A. No, sir. 

(I. You ha<l no knowled^'e of l»ut one? — A. One. 

i]. They afterwards Hed ami left their projierty— their wagons?— .\. I exjteet they 
did: ves, sir. 

(^ "You di<ln't siu' this man, .lesse Little War Bonnet, lire any shots, did you".'— A. 
Yes, sir. 

(}. That was after tiie shootin>r lia<l hecome jreneral? — A. Yea, sir. 

^^ The posse were all tirin;: at tin- Indians— were they— and the Indians were (ir- 
in^ at the posse, then was when you saw him shootinjj? — A. No; he was shooting 
aftt-r we were all throufrh. 

(I. Where was he?— A. He was up the .reek. 

(i Did yon see him hefore you saw him at tliat time?— .\. Yes, sir; I saw him 
liefLire. 

(^ Where was he when you lirst .<aw him?— A. I think he was near tin- 1. ad. 

(2. He had tied from near the lead to near the rear?— A. Yes, sir. 

Redirect examination by Mr. Mecim: 

<l He didn't start toward the rear until after these wagons, up where he was, 
turned and tied?— A. The wagons had ail ]>nlleii out when he was doing the last 
shooting. 

<2. Hid I understanil you to say a girl was driving the ponies? — A. No, sir. 

<2. You say he was over southwest from you when you .saw him shoot?— .\. Yes, 
sir; he was toward the south, as near as I can tell, a little west maybe. 

(i Do you know how long the Indians had been in this county previous to the 
time of this battle? — A. No, sir. 

• 2. About how many shots do you think the Indians tired? 

Mr. BiKKE. I oljject to the (|nestion; it is not a matter of gue.ss; if he knows 

<2. Say about how many shots you say you heard the Indians (ire? 

Mr. BiiiKK. I object to the form of the que.stion. 

A. About loii, something like that. 

<2. ( Bv Mr. BiKKK. ) You are guessing at that, are you not? — A. No, sir. 

<2. Do you know what kind of guns they had, whether they were repeating? — 
A. Yes, sir. 

<2. ( Bv the C'onrr. ) Do you mean to say the Indians tired b'lO shots?— A. Yes, sir. 

<2. Was it one of the.-e shots that killedSln-riff Miller?— A. Yes. sir. 
Hecross-examination by Mr. Bikkk: 

^2- Was there anyone killed or hit after you saw Jes.se Little War I'.onnet shoot? — 
\. No, sir. 

Re-redirect examination by Mr. ^Ikci.m: 

(,2. You say there were 4 Indians killed; where were they hit? Did you notice 
them after they were dead? — A. No, sir. 

• 2. Didn't made an examination? — A. No, sir. 

SiKiMiKN Fkanki.i.v, called as a witness on lu-halfof the pro.<eiMition, and beingdidy 
sworn according to law to testify the truth, the whole truth, and nothing but the 
truth, testilied as follows: 

By Mr. Mkcim: 
(.2. Where do vou reside? — \. Hatcnik, \\'yo. 

• 2. Were you "aci|uainted with Sheriff Wili'iain II. Miller, of Weston County? — 
\. Yes, sir. 

<2. Look at the.se men before you and see if there are any of these Indians you 
recognize as having seen befon-. — .\. No. sir: there is not. 

<2. Where di<l you (irst meet the sheriff: that is, were y<in with liim llic lirst or 
the second day? — .\. I was with him the secon<l day. 

<2. You were not with him the lirst day? — A. No, sir. 

<2. Where did you join the sheriff?— .\. .\t the Fiddleback ranch. 

(.2- Y<iu were wurking for the Fidilleback ('ompany?— A. No, sir. 



86 BIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. State where you were when you first saw the Indian.s that day. — A. I was on 
Lightning Creek, just abov^e Jake Mills's cal)in. 

Q. Was that after it was reported that the Indians were coming? — A. Yes, sir. 

Q. How far away were you from the Indians when you first saw them? — A. Between 
400 and 500 yards." 

Q. Could they see the men that were with you plainly? — A. They could. 

Q. How many were in your crowd? — A. Thirteen in all. 

Q. That constituted the sheriff's posse? — A. Yes, sir. 

Q. About how many Indians did you see? — A. As for sure, I could not say, ])ut I 
think anywhere from 20 to 25. 

Q. How many wagons did you see? — ^A. I could not say definitely. I think there 
was 10 or 12-wagons to the best of my knowledge. 

Q. Just what did the sheriff and his posse do, and just what did the Indians do 
after you first saw them? — A. We saw them there; some of them had stojiped inside 
the fence, and a runner started back, as we sujiposed; went back to distribute the 
news after we came out of the timber around the bend, (^uite a numlier of them 
mounted their horses after we got into the creek and came to the fence. They 
scattered out there ready for a fight. 

Q. Go on, and tell everything that happened there. — A. They rode up to the fence, 
and they dismounted, and they scattered along up the fence for as much as 75 yards. 

Q. (By Mr. Bukkk. ) Was it up the fence or creek? — A. Up the creek as we were 
fronting the fence. We came over the bank, and Mr. JMiller and Owens both 
demanded a halt of them, and they didn't, and the ])attle took place. 

Q. Who fired the first shot? — A. To the liest of my knowledge, the Indians did. 

Q. How far from the fence were you up the creek? — A. I should judge as much as 
75 yards. 

Q. What direction was it from you you heard the first shot you speak of?— A. It 
came a little to the left of in front oi me of where I stood. 

Q. How many buck Indians did you see after you got to that i»lace where this shot 
was, or after you got up through the wire fence?~A. I could see as much as four or 
five or such matter scattered out there. 

Q. Do you know where they had gone, where the Indians you coald not see had 
gone? — A. No; I do not. 

Q. Where were the wagons? — A. The wagons were strung all along the road. 

Q. What did they do after the fight began? — A. Started the other way as fast as 
they could go right back. 

Q. Did I understand you that the Indians, when they saw you, got off their wagons 
and ponies? — A. Yes, sir. 

Q. When they left the battle ground, how did they leave the battle ground? — A. 
Went out on wagons or horseback, what I saw. 

Q. W^as that after they had done their firing? — A. Y'es, sir. 

Q. Al)out how many shots do you think the Indians fired? — A. I could not say 
definitely for sure, but a good many shots. 

Q. Did they make a stand there, or fire as they were running? — A. They fired as 
they were running. They made a stand first before it opened up, and fired as they 
were running off. 

Q. Did you see Black Kettle? — A. I could not say; I don't know the man; 1 could 
not say. 

Q. Did you see any of the Indians that were killed? — A. No; I did not. 

Q. Did you see what white men were killed? — A. Yes, sir; I did. 

il Who was killed?— A. Mr. Falkenberg and Mr. Miller. 

Q. Were they killed at this time and place? — A. Yes, sir; they were. 

C^ Where was Mr. Miller shot? Where was the wound infiicte<l? — A. In the left 
thigh. 

Q. Near the hip, was it? — A. It was just a little below the hip; right in there. 

Q. Did you examine tiie wound to see what kind of a wound it was? — A. No, sir. 

Q. I will ask you whether or not it was the result of that wound that caused his 
death? — A. I think it was. 

Q. Any other wounds upon his body? — A. Not that I know of. 

Q. Did the sheriff at this time make any statement, after he was sliot, in your 
presence? — A. No, sir; he did not. 

Q. Now, where had you been for the few days previous to this — where had you 
been working or located? — A. Had been working for Flato. He has no permanent 
ranch. 

Q. Did you examine any of these Indians' wagons after the battle, after they left 
them on tlie battle ground, or any other place? — A. Yes, sir. 

Q. Where was that and when? — A. I examined it Sunday morning — Smith's 
wagon — at the ranch. 



SKUX INDIANS OF PINK KIIKJK ACiKXCY, S. DAK. 87 

(}. Any other wapons you exaiiiiiUMl? — A. N<i, nir; I didn't pay any attention. 

(2. I>i(i yon follow the trail that the Indians took after the l)attle — where they left 
the ten w airons? — A. No, sir: I didn't. 

<^ Wliat wa.'^ in this one wa<:<>ii yon exaniine<i? — .\. Dried antt'lopf meat, dried 
meat sn]>iiosed to he antelope meat, and antelojie hides. 

(i. In what condition wa.« that meat? — .\. ('nre<l meat. 

(^ Tin- hides, how many were there of those? — A. I think alxjut IS. 

<2. Yon say there are none of tliese Indians you ean ]tositively identify a.s l)einL' in 
the liattlc? — A. No, sir; there is not. 

»^. What was the condition of tiie hides, were they tanned liides? — \. No, sir; they 
wi'ie not. tliey were dri*'d hides. 

<j. Was tlie meat all cnred? — .\. Nearly so. 

<}. Al)oiit how nnich of it was there? — A. I rather think there were live or six sacks 
of meat. 

Q. Did you hear tlie sheriff demand the >urrender or halt of the Indians lu-fure 
there was any tirin^i at all? — .\. 1 did, sir. 

(I. How far was the sheriff from the Indians at the time he made tliis demand? — 
A. I sui)pose anythiuL' from ().i to 75 yards. 

Q. From the tone of voice he used do you think tlie Indians who lieanl him under- 
stood what he said? — \. Yes, sir. 

12. Did you see him when he made the demand? — A. Yes, sir. 

l^ In what manner did he make it? — A. Called on them to stop. 

<.}. Make any motions? — A. Yes, sir; he did. 

t^. Was it innneiliately after this motion that you heard the tirst shot? — A. Yes, sir. 

C2. In what direction do you say that shot was from? — A. A little to the left in 
front of me. 

Cross-examination hy ]Mr. Hikke: 

Q. You say that somebody roile hack toward the Indians upon seein<r yon or the 
]iosse coming around the curve there; who was that, a girl, or hoy, or an adult 
Indian? — A. I suppose it was a male Indian. 

(I. Did yon notice whether it was a l)oy or not? — A. No, sir; I could not say. 

<i. They were coming along driving the ponies when yon tirst saw them? — .\. The 
bigger part of them. Some of tliem had stopped. 

<2. Tile bigger ]iart of them were coming along driving their ponies, some in their 
wagons, some on horsel)ack? — .\. Yes, sir. 

(I. .\nd they were heailed by a bunch of ponies that were being driven by sonie- 
boily? — .\. No, sir; not as I know of for sure. 

(I. Di<l you notice any ponies at the head of the bunch? — A. No, sir; I didn't. 

< ]. liow many were there at the hea<l of the bunch on horseback or on foot, any? — 
A. Yes. sir, there were. 

<^ What were they"' — .\. They were on hor.<eback — had their horses with them. 

• 2. How many were there? — .\. I suppose ten or twelve men, to the best of my 
knowledge. 

(i What became of tlu-m, did they turn and go back? — A. Tliey turned outside 
the fence and took position. 

(I. Scattered back? — A. Yes, sir: to position. 

(l Then how many men did you see tire, of the Indians".' — .\. I seen as nmch as 
four or tive. 

<j. You saw four or five fire; the rest of them were taking care of the horses".' — 
A. 1 would not say for that; I su|)pose they were all tiring. 

(I. You didn't see but four or five".' — A. That's as much a.s I had my eye on. 

(I. What did the sheriff say; what were the words he said?— .\. lie holloed to 
them to stop there, and motioned them down. 

Q. lie didn't sav, I am the sheriff and I arrest vou? — .\. No, sir; not that 1 
heard. 

• ^ Dill you see Smith or Brown there at that time? — A. I could not reco<_MU/,e 
them. 

(I. You don't know tiiat there were any Indians th»'re within hearing distance 
understood wliat he said'.' — A. Yes, sir; then- was; they could hear. 

(I. Was there any Indians within your knowletlge that could understand Knglish, 
withiji hi-aring'.' — .V. .\s for that 1 coidd nut say. 

(^ You say he hat! barely said that, when there wa.s a shot a little to the front and 
left of you".' — A. Yes, sir. 

• ^ How general was the shooting then — very generally".' — A. Very generally. 
<]. On both sides? — A. Yes, sir. 

(}. Kight away? — A. Yes, sir. 



88 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. How many Indians were shot? — A. I suppose 4, as 1 have l)een told; I dichi't 
see them; I didn't go around to look at them, for I left. 

Q. You don't know whether Blactk Kettle was shot? — A. No, sir; I didn't go to 
see. 

Q. You say you were down in the creek bottom when the shooting connnenced? — 
A. No, sir. 

Q. Where were you? — A. I was on the bank. 

Q. How far were you from the fence, south? — A. As much as 75 yards. 

Q. Where was Sheriff Miller from vou?^A. He was to mv left. 

Q. To your left?— A. Yes, sir. 

Q. W^hen you were facing west, up over the bank, he was off to your left? — A. 
Yes, sir. 

Q. And the shooting took place off in that direction? — A. Yes, sir. 

Q. Did you see Sheriff Miller from where you stood? — A. I saw Sheriff Miller 
when I turned around as he was shot. That was the only time after the thing took 
place that I saw him. 

Q. You are unable to say who fired the first shot? — A. The Indians. 

Q. Why do you say it was the Indians? — A. Because I saw it. 

Q. Did you see the shot? — A. I saw them open up. 

Q. What do you mean by opening up? — A. When they first commenced shooting, 
it came from that way. 

Q. You say Sheriff INIiller was up in that direction where you heard the sound? 
You heard the shot; that is what you mean by opening up? — A. Yes, sii\ 

Q. You didn't see the flash or see smoke when the first shot was fired? — A. I seen 
the smoke. 

Q. And it was right over in the direction of Sheriff ]\Iiller? — A. No; I say it was 
off to my left, on the other side of there. 

Q. Sheriff Miller was to your left in front of you? — A. He v.as to my left beyond 
me. He was u}) the bank. 

Q. This first shot came from up the bank to your left? — A. In front to the left. 

Q. Practically in the direction of Sheriff Miller?— A. No, sir; it was more in front 
of him. 

Q. You can't say who it was? — A. No, sir; I can't say for sure that is the man. 

Q. The shooting was all done in a very few minutes? — A. Yes, sir. 

Q. How long, do you think? — A. In two or three minutes, I think. 

Redirect examination by Mr. Mecim: 

Q. You say you didn't see Black Kettle or any of these Indians that were shot? — 
A. No, sir. 

Q. Did you see them any time during the firing? — A. I could not recognize them 
off in there. 

John Owens, called as a witness on behalf of the )>rosecution and being first duly 
sworn, according to law, to testify the truth, tlie whole truth, and notliing but the 
truth, testified as follows: 

By Mr. Mecuji: 

Q. Please state vour name and residence. — A. John Owens; I live at Newcastle, 
Wyo. 

Q. Were you acciuainted with William H. Miller, of Newcastle? — A. Yes, sir. 

0. What otficial position, if any, did he hold? — A. Sheriff of Weston County, Wyo. 

Q. I will ask you if you were with the sheriff on the 30th day of October, 1903? — 
A. That is the day of this occurrence; that is the day of the battle. 

(7. The day they went to the Indian cam])? — A. No, sir; I wasn't with him. 

i}. Were you with the sheriff on the next day, or the day of the battle? — A. Yes, 
sir. 

Q. Where did you join the sheriff? — A. I was at 8 or 9 miles this side of the old 
Fiddleback ranch, if you know where that is, on the Cheyenne River, in this county. 
I was building fences about 10 miles this side of the ranch when a couple of men 
wanted me to go along with the party. They said, "Get on your horse and ride out 
to meet the sheriff." I got on my horse and met the sheriff at the road. 

Q. Did he dejjntize you to go with him at that time?— A. Yes, sir. 

Q. For what purpose? — A. He wanted to arrest some Indians, he said, for killing 
game. 

Q. You went with him? — A. I did. 

Q. Where did you go from there? — A. Went over to Jake Mills's ranch, on Light- 
ening Creek. 

Q. When and where was it you first saw the Indians? — A. Near Mr. Mills's ranch; 
I could not tell you exactly how far. 



SlorX INDIANS <»K IMNK KllKJK AtJKNCY, S. DAK. S«) 

• ^ Niiw, with referenre to Mr. Mills's cami), w ill you please ti'U the rourt just which 
way the sheriff ami ]>osse went and wliere they went, and just what they did and 
what the sheriff said; tell ail al)nnt it. — A. If yuu will let nie tell you I will tell it in 
a very tew minutes in my own leeMe way. 

il. ( I'uintintr tti the map. ) I will ask yt>u if that is a fair repre.«entation of the 
country amund there? — A. 1 nelieve I understand this as you have explained it to 
me. This is the ranch, this the road U-adin;.' around, this is the wire fence. If I 
remember ri>rht we stayed in this cahin and came down this road; I may he mistaken. 
When we L'ot over in liere [indicatint: No. 2] — I think it was ahout in here that we 
saw tlu'se Indians; over here neai" this wire fence, condiijr down the matl. 

(^ What dill you do there at the wire fenct'? — \. W\' was ridintr alonj; down this 
road here and we saw the Indians cominii. and 1 .said to the sin-riff. ■"Tliere is your 
Indians." The hoys came in and .saiil there were ei^rht of them riding' in thi' lead. 
Ki^dit of these men we saw. 1 said, '"There are your eiirht men in the lead." Hut 
when the men saw us comimr — prohahly there was three wairons inside the <rate; I 
think prohalily as many as three wagons in the <:ate— the men in the lead turned 
around and went outside the jjate. These men went off over there some place and 
got off their horses. 1 .saitl. "Sheriff,] believe they are iroiiitr to make a lijj:ht. Don't 
take your men ilown there and expose them; take your men and jjet down in the 
creek hank." lie said, "1 believe it." I saitl, '"When we j:et behiml the bank you 
can hollo." When we jrot to this wire fence we tlismounteil anil went throujrh the 
wire fence. I could not tell you how far we went from this fence. 

The party got off their hor.ses here. I should say six wagons, to the be.«t of my 
judgment, were to our right. When we got to the top of the liank the sheriff com- 
niem-ed to hollo at them. He said, "Let's cut off this bunch of men." The bunch 
down here near the fence here and these wagons, if I remenil)er right, which was to 
our right. We to])ped the bank along here, and the slu-riff commenceil to hollo to 
them to surrender, and he appeared to be out of wind and said: " You hollo at them" — 
he said. " You hollo at them." .So 1 conunenced to hollo at them my.self at the top 
of this bank. I shonlil judge, anyway, about six wagons to our right. While we 
was calling the.se six wagons and this bunch dismounted in here. There is a corral 
along up here some i)lace called the Four I's corral. Uight n\> there by that corral 
to our left this tiring commenceil. and there was general tiring. 

Q. About how far was the sheriff and your.-^elf from the Indians when you called 
to them to halt? — \. I should not think we was over 70 or 75 yards. 

(^ What kind of a day was it, still?— .\. Nice, sunshiny day. 

<}. Could the Indians, from the po.sition you were in, and loudness of your voice, 
have under.-todd what yon said if they understood English? — A. Yes, sir: those that 
understood Knglish. I am sure could. 

<i. In addition to your talk, did you make any signs or gestures to them? — \. No, 
sir; only to surrender. 

(l Did the sheriff make any gestures to them to halt?— .V. If he did. I didn't see it. 

<^ Did the Indians half.' — A. No, sir; they didn't. 

*]. What did they do'.' — A. When we went in to cut off this Utile bunch here, we 
went there to try to stoj) ihem; then is \, hen thi' tiring conunenced up in this 
direction. 

<i. -Vbont how far were you from the cret-k at that time? .\bout how far is the 
creek from the roail? — .V. t think it is about, to tlie best of my kiiowledge, from ">() 
to (>() yards. 

(^ The road from the creek? — A. Yes, sir. 

(]. How far were you from the creek".' — A. We nnist have been l."i to I'O yards, to 
the best of my knowledge. 

'2. .Now. where was the first shot lired from: did you see it'.' — \. Yes, sir; I did. 

• 2. Where was it? — .\. Over to our left, right up toward theciuTal .some place. Is 
that tlie corral? Then it must have been up in there some place the tiring was, 
lietwei'u uy and the corner of the corral. 

<^ .\boul how far from you was it'.' — .\. .ludge, I should guess it was between tiO 
and 70 y.irds; |)rol)ably 70 yards; from 50 to 70 yards. 

<^ Did any other Indians tire at that timi-'.' — .\. Yes. sir; still anotlu'r one off at 
our left tiring, and another from over there .some |)laee fireii. 

t^ Did you see the Indians, or simply the smoke'.' — A. I saw the Indians. 

* l- Where were they, on horseback or in wagons'.' — A. One of them on lior.-eback 
and the other two afoot. 

• ^ Just describe to the court what transpired after the first shot was lirecl. as near 
as vou remember. — .\. I believe I have told vou as near as I remeiid>er. 

|'^ Think you have told it all'.'— A. Yes, sir. 

<^ .\bout how many Indians were engaged in shooting at the posse; about how 
many Indians engageil in shooting at you'.' — A. Indeed, I could not tell you. The 



90 SIOUX IXDIANS OF PINE EIDGE AGENCY, S. DAK. 

shooting from my right, and that bnnch I said we had tried to cut off; I didn't see 
any of that at all. The only thing I saw was at my left; I didn't see anything at 
my right, l)ecaiise I was pretty busy up this way. 

Q. \Vhat caused you to be busy up this way; did you see any Indians point at 
you? — A. They were shooting, too. Judge. 

Q Was there any shooting to your right? — A. Yes, sir; quite a lot of shooting to 
my right. 

Q. About how many shots did you hear from the Indians on the opposite side? — 
A. I could not say; there was quite a lot of shots tired from both sides — just how 
many I don't have any idea. I was busy at my left, down at my right I didn't see 
any of it. I knew that lighting was going on, but I never looked in that direction. 

Q. Will you please describe to the court why your attention was directed to the 
south — to your left? — A. Quite a lot of shooting from that direction; the sheriff was 
killed from that direction, to the best of my knowledge; in fact, I am positive. 

Q. What Indians were killed at this liattle? — A. I could not tell you only but what 
I learned after they were killed — fifteen minutes after that; I never seen any of these 
Indians 1)efore that. 

Q. What Indians did you tind dead at the battle ground? — A. We found a man 
that was recognized by these four squaws to be Black Kettle and a dead Indian lioy 
killed there. The one they called Charley Smith was shot and died the next day, 
and the girls buried one up in the corral. 

Q. Did you see an Indian called Black Kettle that was killed that day? — A. Yes, 
sir. 

Q. Where was he from where you were located? — A. He was south of me and to 
the left of me near the creek bank. 

Q. Did you see him tiring at the white men? — A. Yes sir. 

Q. About how many times? — A. I think he hred only about three times. 

Q. Was he by the road or between the road and the creek? — A. He was nearest to 
the creek, except one man. 

Q. Did you recognize who the other man was? — A. No sir. 

Q. Was he a man that was killed or got away? — A. He got away. 

Q. Charley Smith, where was he when you found him killed or wounded? — A. 
Down near the gate to my right. 

Q. Near the wire fence? — A. Yes, sir; as they were going north it was on the left 
to the south of the road. 

Q. And the boy with reference to tliis corral, where was he? — A. This boy must 
have been 35 yards from Charley Smith; in between him and the corral; in between 
the other boys and the corral. 

Q. And the other Indian that was killed — tliat you don't remember his name — 
where did you find him? — A. The girls had buried him; but I think I saw him fall 
•off his horse. The women folks buried him that night. I am positive I saw him. 

Q. Do you know where these Indians had been hunting — where they came from? — 
A. I don't know whether I saw them or nut. I have a ranch up on Antelope, near 
Buffalo, and there were a number of Indians came around there, but whether they 
were any of these Indians I don't know. There had been different hunting parties 
there; they appeared to me to be different hunting ])arties; they came along and 
camped at the water hole at my place one day, and the next day another one; it might 
be the same party, for all I know. 

Q. What white men, if any, were killed at this time? — A. Sheriff INIiller and Mr. 
Falkenberg were killed. 

Q. Where was Mr. Miller shot; where was the wound? — A. I didn't see him at 
all after he was carried to the house; I just saw him when he was shot, lying by the 
tree. Of course he was all covered with blood. I could not tell exactly, as he lay; 
I thought I saw the hole near the pocket. 

Q. Did he die as the result of that wound? — A. Yes, sir. 

Q. This wound was received during the time the Indians were shooting? — A. Yes, 
sir. 

Q. You saw the Indians pointing their guns that way? — A. I could not say who 
they were pointing at. They were pointing in that direction. 

Q. The Indians were pointing their guns in the direction of the sheriff's men, and 
shooting? — A. Yes, sir. 

Q. Now, when you were going from the cabin over to meet the Indians, about 
how far were you from the Indians when you first saw them?— A. I could not tell 
you exactly, l)ut I should judge 400 yards. 

Q. Could the Indians iilainly see your company at that time? — A. Yes; see it very 
plain; a few big trees up where they were and none where we were. 

Q. They didn't hide the view? — A. No, sir. 



SI(»rX INDIANS OK IMNK HIiXlK AtiKNCY, S. DAK. *.tl 

• ^ I>^ that a <.'»''nMally It'vd ((Hiiitrv. or hilly omiitrv. lu'twi-cii thi-caliin and the 
hattk- ;:rniiiur.' — A. It is a levi'l hottoiii l)el"uiv U*aviii;r the cahiii, only a Iru trees, 
aii'l alter y<>ii •;(> a little further away there is no trees sean-ely or no nnderlirush. 

«2. After the Indians lirst discovered yon w hat <lid they do? — A. Turned their 
wa^'ons around and went out the irate. They had some horses ahead. When it 
hejran the horses .<cattert'd, and the men commenced to iret off tiieir horses after they 
were outside. 

<2. Did you .>iee them take tlieii- rifles out of their scahliardsV — .\. 1 saw them tret- 
tiiij,' their ^'uns; yes, sir. 

l^. You say there is none of these Indians you can identify'.' — \. I can't identify 
any of these Indians at all. 

(l. How far was the jreneral body of Indians from you? — A. Part of them was 
i|uite a ways from us at our left. Therewas ipiite a lot wasn't elo.<e to our people; a 
lot of them wasn't close at all. The front ones was all the way from oO to To yards 
away from us. Before the attack they scattered around to the ri«:ht, and a lot of 
them turned around and went right hack. 

(2- How far were they from you'.* — A. All the way from L'lH» yards to oOO. 1 could 
no,t tell exactly. 

(2. How is the country liack there'.' — A. Its open for a piece. 

(2. ^\ny trees or sajre brush, or places for a man to hide".' — A. <Jrass would do or 
hiirh saire brush, but I ilon't remend)er many trees. On the right they turneil and 
went back. 

(.2. Did you examine any of their waijons after the battle next day'.' — A. Yes; I 
l)elieve I did; a couple of them. 

(2- State what you found in the wagons in the way of game, if anything'.' — \. <2uile 
a lot of meat in each wagon; drie<l meat, and some that wasn't dried very well. ( )f 
course, all of it was toleral)ly well dried, as they dry their meat. 

(.2- Were any of the Indians jiresent who were in the l)attle that told you where 
they were from, or what they hail been dcjing? — A. No, sir; there was not. 

(2. Did you look at the.«!e men to see whether you recognize any of them'.' — A. St>, 
sir; I have not. 

(l Will you please look at them and see if there are any of them you can 
recognize'.' — A. S'o, sir; I don't recogni/e any of them. 

(.2- Did you take any note of the number of wagons or number of Indians there 
that day'.'— A. No, I didn't. 

Q. About how many wagons did you see'.' — .\. Judge, I could not tell you; if I 
rememl)er right, there were <i that the sheriff and I had went up above; they had 
turned then an<l went off northwest. 

»2. How long a string did the Indian wagons and horses make? About how long 
was that string'.' — A. It must have been oOO vards long; may be longer; but any way 
SOO yards long. 

(i Where was Louis Kalkenberg shot? — A. Where was he when he was shot? 

(]. Yes. — A. He was on top of the bank and to my right. 

(,2- During this shooting, were all of the white men up on the bank or dow n in the 
creek bed'.' — A. All on the bank. I could not .•^ay exactly, but 1 glanced back at 
them once and .saw theri' was (|uite a few on top of the l)ank, I think all of them; 
but the boys told me afterwards one of them was ))ehind the bank or behind a loir. 

<2. Did any of these Indians offer to surrender or make any signs that they would 
surrender? — A. Not that I could see. 

• 2. Do you know whether or not the slu-riff had a warrant'.' — A. Yes; lu' had one. 
<2. Did you see if.' — A. Yes, sir. 

(2- IHd you have it in your hands'.' — A. Yes. sir. 

(2- When you called out to these men, there were some of them you knew could 
speak KnglislV.' — A. No; I don't know any of them could sjieak Kuglish, only what 
the sheriff and the posse told me. 

(.2- That is. Mr. Smith could si>eak Knglish. vou knew'.' — A. Onlv what I had lu-cn 
told. 

C2. You think they understood what you want«'d? — A. Yes, sir; 1 tliink they did. 

Mr. KiRKK. I object to what he thinks. 

Cross-examination, by Mr. HfKKK. 

(2- On which si<ie of you wa.s Sheriff Miller at the time the shooting < uut-ncetl, 

your left or your right? — A. He was to my right when the shooting commenced; I 
am not sure he was to my right. 

(2. The shooting, as you uuflerstanil it. was further to your left, and in front of 
you? — A. Yes, sir. 

C2. As I un(lerstand you, immediately upon one shot being lind the po.s^i- began 
to shof)t'.' — A. There were about two shots tired the other wav. 



92 SIOUX INDIANS OF PINp: RIDGE AGENCY, S. DAK. 

_Q. They were about somewheres near the corral or in that direction? — A. In that 
direct ion. 

Q. Was Black Kettle up in that direction? — A. Yes, sir. 

Q. Black Kettle is one of those that was killed? — A. Yes, sir. 

(,}. Now, then, you say there were quite a number of Indians and teams that were 
farther over to your left by the road? — -A. Yes, sir. 

Q. These you say turned and fled? — A. Yes, sir; I didn't notice the men goinjj;, 
but I noticed the teams. I thought the men were pretty well up toward these six 
wagons. That was my understanding. 

Q. You saw, however, only five Indians participating in the shooting? — A. I think 
I saw more than that. 

Q. How many did you see? — A. I could not tell exactly, because they were shoot- 
ing very fast. Fuderstand me, this shooting over to my right I didn't "see at all, but 
what I saw was over this space to my left. 

y. How rnany to your left did you see shooting? — A. I could not tell you; they 
were dodging around shooting — I could not tell you how many. 

Q. You would say there were anything like all the Indians there shooting? — A. I 
could not say there was all the Indians shooting, but all the Indians there were 
shooting. 

Q. Just what was it the sheriff holloed first? — A. The sheriff in the first place I 
think holloed at them twice to halt and the third time — probably holloed at them 
different times, but the first words was for them to halt; then he couHnencedto hollo 
to them to surrender. He holloed a nund)er of times, I couldn't say how many 
times; then he said "You hollo." 

Q. What did you hollo? — A. Said halt and surrender. 

Q. There was no saying, I am the sheriff and have got a warrant for you? — A. I 
don't think there was. 

Q. They fled away, did they, quickly after the shooting commenced? — A. Some of 
them did. 

Q. They were there with their wives and children? — A. I don't know in regards 
to that. 

Q. Did you see some of the squaws? — A. Yes, sir. 

Q. One of the squaws was shot? — A. Yes, sir. 

Q. A little boy was shot? — A. Yes, sir. 

Q. They had their ponies along? — A. Yes, sir. 

Q. Which way were they going, east in a general direction; was that the road to 
go east? — A. I call it so; they were going down the creek. 

Q. That is the road they would take to go liome? — A. That is the road. 

Q. There was no response from them? — A. They were holloing, l)ut what they 
were saying I could not tell. 

Q. It v\as Indian? — A. It was Indian. 

Q. It was intelligible to you? — A. No. 

Q. Considerable confusion, wasn't there? — A. Yes, sir; after the tiring connnenced 
and quite a little bit before the firing, kept galloiiing u]) and jumping off their horses 
before the tiring commenced. 

Q. Did you examine the wound of Mr. INIiller to determine whether the shot entered 
in the front or at the back? — A. I didn't examine it close, but I am satisfied it entered 
from the front from the bullet hole the way it looked, where it went in and especially 
where it came out back near the pocket. 

Q. Yon think the wound of entrance was in front? — A. Yes, sir. 

Q. Was the corral on much higher gromid than where you and I\Ir. Miller were? — 
A. It was on higher ground, not a great deal, l)ut higher. 

Q. How far apart were you and Mr. Miller? — A. I think he worked around on my 
left, but I M'ould not say, not exactly how far. 

Q. He was at your right when you went up over the bank? — A. Yes, sir. 

Q. And you think he worked around to your left, so he was at your left when he 
fell? — A. Yes, sir; he was at my left when he fell. 

Q. How long did the shooting keep up? — A. I could not tell, probably five minutes; 
but I could not tell just how long. 

Q. You have no knowledge how many shots were fired? — A. No, sir. 

Q. Were there 40 or 50 from the Indians? — A. It would be hard for me to deter- 
mine. I wouldn't like to determine that, but quite a number of shots; dirt was 
flying around there quite lively for a while. 

Q. You wouldn't want to say there were 50 shots fired? — A. No, sir; I wouldn't 
say there were 50 shots fired. 

Q. You were about as cool a man as any of them? — A. I don't know that. 

Q. You don't get excited readily? — A. I probaVjly do; we all get excited. 



SI(»rx IN'PIANS OF IMNK KIIXiK ACKNOV. S. i>AK. V>8 

1^ Villi kft'|i iM)>ses!;i<)n of ymir faciiltifs pivtty well? — A. 1 try Uk 
1^ How many .sliot.s do you think tin- posse Hivd; j-oiild you haveany idea of it? — 
A. No, sir: I could not determine. 

• ^ They tireil i|uite as many as weir lind hy tin- Indian>? — A. They tired all the 
way from 2 to.) shots apieie. 

(I. You say the lirinjr was ipiite as rapid and ireneral from the posse as from the 
other side? — A. I think it was; the jtosse all had pretty jioods truns — repeatiiij: 
irnns — and shot pretty fast. 

(i. Mow much hiirher was tin- corral, shoulij you thini;, than wliere you were? — 
A. I coulil not say. I wouldn't try to say: hut we was down on level i)ottom; the 
creek ran riirht alonj;: this liottoni was toleralily level, and when you come to this 
corral it is on risimr trround. 

il. About how far away was it from you? — A. To the lu-sf of my know led;:e. iL'-'i 
or 150 yards: prohahly loO yanls. 

ii- And the <reneral .i.'rounil where the Indians were was higher than w here you 
were? — A. Yes, sir: up toward the corral: pretty well toward the corral here was 
l)rettv much level irround: all the wavdowii to mv riirlit tlieground was prettvuMu-h 
level." 

C^ And the Indians tit-d away from then-, h-aviu'r their teams, some of them? — 
A. The wagons were all taken: they took all their teams away with them, hut after 
they got away, prohahly half a mile, there were two wagons left; one in the cieek, 
one up the draw. 

(I. Did you see Mr. Brown, an Indian liy the nann' of Brown? — A. No, sir; I 
didn't see ^Ir. Jirow n at all. 1 may have seen him hut I didn't know him. Mr. 
liiown might have heen there, and I might have seen him, but I didn't recognize 
any of them. 

Ke-direct examination by Mr. ^Ikcim: 

(^ You sav that the tiring, the first one or two shots fireil, were in the direction 
of Black Kettle?— A. Yes, sir. 

(I. Was it at the place where Black Kettle was, where you saw Black Kettle, or 
was it beyoml liim"? — A. I could not say as to that, but Black Kettle ilidn't tire the 
lirst shot. A man on hor-jel^ai'k, with a canvas coat, tired the first shot. 

C^. On the road where the wagons were, on which side of the roa<l was Black Ket- 
tle when he was shooting; was he between the road and the creek or on the other 
side of the road? — A. lie was nearest to the sheriff; he was on the same side of the 
roail the sheriff was on, and the nearest man to the sheriff, closest to our left; might 
have been somebody closer to our right, but I don't think so. 

t^ Did you see him shoot more than once'.' — A. Yts, sir. 

<i. llow many times did you see him shoot'.' — A. Three times. 

i}. Did I understand you after the sheriff demandeii them to halt, yon heard the 
In(lians say something in their own language".' — A. Yes, sir. 

<^ Where was that from'.' — A. Geneially along the line. 

<^. It wasn't one man, but a nundier of Indians'.' — A. A numi)cr oi thi'm. 

• ^ There was some pause between the ilemand an<l the first shot'.' — .\. Yes, sir. 
<2. Aliout howinuch time do you think? — A. I could not say; only a short time. 
(1- Lonir enough to pass any word along the line'.' — A. They were holloing then, I 

think; one man kept holloing all the time; one of the other boys tells me it was a 
stjuaw doing all this holloing all the time; I thought it was a man. 

il Did you see where Mr. Smith was when he was shot'.' — A. I .>^aw where Mr. 
Smith was after he was left lying on the ground. 

(2. Did you see him when he was shooting'.' — A. No, sir. 

(}. Where was he wounded'.' — .\. Through the limbs. 

i}. Through his legs'.' — A. Yes, sir. 

<2. ( 'an you describe how the wound was'.' — .\. No; I don't think that 1 coul i. 1 
dicln't see the doctor dress his womids. or anything. 

(^ I understand you to say the tiring was about as geneni! on one side as the 
other'.'— .\. Yes, sir. 

(,^ Were all the white men engaged in the shooting'.' — \. I tiiink they were. 

("ross-examinatioTi by Mr. Bikkk: 

(i. About this wound of Mr. Miller's, the hole of exit, was that above or bi-low 
the hole of entrance? — A. Where the bullet should have come out? 

t^ Yes, sir. — .\. I fli<In't examine it closely. 1 stayed upon tlu' hill while the boys 
carried the sheriff away, and the other man was left on the field. I stayed on the 
bank. They thought maybe the Indians might come back. I said, "I will stand 
guard; you carry the sheriff away and care for him." I never .siw the sheriff after 
they carried him <lown to the house. I went to get a horse to carry this man that 



94 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

was dead, Falkenl)erg. 1 intended to ^ft a horse from the corral. I thought I eould 
get an Indian pony. Tliey spoke about starting ior a doctor. 1 said, " It's no use, 
he would he dead in twenty minutes." The boys had him on the floor. I said, "Put 
him on the bed and pack fiour on him to stop the blood." I went back and got 
Falkenberg. When 1 got back he (]^Iiller) was dead. I never went into look at 
the sheriff any more. When we got there he was dead. They laid him on canvas, 
and I never examined the wound, only when they picked him up on the ground. 

Q. Did you see where they picked him up? — A. Yes, sir. 

Q. Any l)lood there? — A. Yes, sir. 

Q. Quite a considerable amount of it? — A. Yes, sir. 

The court then adjourned to 7.80 p. m. of the same day. 
At 7.30 p. m., October 14, 1903, the court reconvened. 

James Davis, witness for the prosecution, recalled. 
By Mr. Mecum: 

Q. Will you please tell the court what was done with the sheriff and this other 
man that was killed? — A. Sunday morning, between 10 and 11 o'clock, I started with 
the bodies to New Castle. 

Q. When the deputized coroner arrived there yon had left? — A. I had, sir. 

William Hkdden, a witness called on behalf of the prosecution, and l)eing first 
duly sworn according to law to testify the truth, the whole truth, and nothing Itut 
the truth, testified as follows: 

By Mr. Mecum: 

Q. Please state your name, residence, and occupation. — A. William H. Hedden. 
I have been working at sheep ever since I have been here. 

Q. Were you out on Lightning Creek where this battle ground was? — A. I was. 

Q. I will ask you if you examined any of the wagons shortly after the battle? — 
A. Yes, sir. 

Q. Where did you find them, and how many wagons were there? — A. We found 
there were ten wagons near Twenty-^Mile Creek, something like four miles from the 
battle ground. 

Q. \A'ere these the Indians' wagons taken there by these Indians? — A. I suppose 
they were. 

Q. State just what you saw. — A. All I seen was some antelope hides, antelope 
meat, and a lot of old rubltish — some old clothes. 

Q. About how many antelope hides did you see there? — A. Something like 75 at 
the wagons. 

Q. State whether there were any other antelope hides on the ground about the 
wagons. — A. No, sir; I didn't see any on the ground. There were some strewn on 
the ground from the battle ground on the road. 

Q. How many did you see on the ground, on the road from the 1)attle ground?^ 
A. A dozen, I should think. 

Q. Did you see any meat in the wagons? — A. Yes, sir; there was meat. 

il. ' About how much of that meat did you see? — A. I could not say ; but there was a 
good deal of it. I should judge there was something like 50 to 100 pounds in each 
wagon — maybe more than that. 

Q. Did you examine any other wagons — did you see any other wagons besides 
these 10 you speak of? — A. Yes, sir; 3 wagons down at Mills's cabin. 

Q. Did you see any antelope meat or hides there? — A. Y''es, sir; some antelope 
meat and hides. 

Q. How many? — A. I should judge, 15 antelope hides down at the cabin. 

Foster Eogers, called as a witness on behalf of the prosecution, and, being first duly 
sworn according to law to testify the truth, the whole truth, and nothing but the truth, 
testified as follows: 

By Mr. Mecum: 

Q. Please state j'our name, residence, and occupation. — A. Foster Rogers is my 
name; Hat Creek is where I get my mail, this State; I am a laboring man. 

il. Where were you and what were you doing on the 31st day of October, 1903? — 
A. Was on Lightning Creek and was herding sheep. 

Q. Y^ou were present at the l)attle l)etween the sheriff's posse and the Indians on 
that date? — A. I was. 

(.}. From the sheei) <'<>i"i"al there will you state where you were located, about how 
far, and what direction from the sheep corral? — A. Southwest; probably 200 yards. 

(2. From your position at that time could you see the Indians and white men while 
they were shooting? — A. I could not. 

Q. Did you hear any shots from where you were? — A. Y^es, sir. 



SI(»r.\ INDIANS (tF i'lNK KliXiE A(iKNCY, S. DAK. ^5 

il Dfsi-iilu' just liow yi.u lu'anl tliu-c sh.>ts.— A. Tin.- lirst Hrini.' was oiu- (li>tiiK-t 
shot, or i>roltal>ly t\v<» or tlin't', ami tlicii tlu-v caiiit.' tlii<'k ami fast. 

(^ Did yuii siv any of the lii.liaus {hvw aitor tlu' battle or ilurinir the battle? — A. 
I (vmld see the rear en«l of the train «liiriii-_' the battle, but they wasn't ent;a'_'eil. 

».2- About when' was the rear enil of the train or wa^'oiis when the battle be<;an? — 
A. It was probably 200 yards back from where the main tirin<r took place. 

il. Did von see iinv of the Indians when thev were returnin<r from the battle? — A. 
Yes. sir. 

<^ Will yiiu look at these ukmi and see if you identify any of them as the men you 
saw there?— A. I can't identify any of them. 

(I. How close were yon to the Indians you saw, and how many iliil you see? — A. 
I was closer to some than other.-;, two ri^_dit behind me about "lO yards distant, but I 
can't identify them. 

(2- How far were you fn.im the road? — .\. .Vbout loO yards. 

Cross-examination by ;\Ir. P>rKKK: 

(2. It was dayliirht? — A. Yes, sir; iu-lore sundown. 

Q. There were some of the Indians at the tail end of the train when you lirst saw 
it? — A. There would have to be drivers for the wairons. 

Q. So you say there were some of them at the tail end of the train, were they? — \. 
Yes, sir. 

(2- You didn't see them rushini; forward, did you. toward tlie fi'ont end of the 
train? — .V. I tlidn't pay particnlar attention. 

<2. You don't remember seein<r any of them rushing' forward to the front end of 
the train? — A. I remember seeing one horseman riding up with the train. 

»2. The wagons tnrne<l and went back again; or what bet-ame of them".' — .\. Yes, 
sir; they turneil and went back on the .■^aiiie road. 

( ). How many wagons did you see returning Ijack on the same road? — A. 1 could 
not say. 1 know that one or more wagons split off and went out west; I .saw that. 

(2. i>id you see some turn back on the road they came over? — A. Ye.s, sir. 

(2. And some horsemen'.' — A. Yes, sir. 

<2. Those yr>u didn't see doing any shooting, did you? — A. I was out ot sight at 
the time of the shooting; that is, of the participants in the battle. 

t2. Were there two or three shots tired very close together to commenc-e with; did 
it make any impression on your mind just how it occnrred? — A. The lirst shot was 
distinctly by itself. I would have taken it to be a black-powder gun. It was a very 
loud report. 

il. Could you locate where that was from where yon was; did you at the time 
locate where it wa-".' — A. No; I ju.st noticed the direction, noticed it was southeast 
from wheie I stood. 

(2. And then the others came pretty rapidly from that on? — A. Yes, sir; after the 
first one or two shots they came pretty fast. 

Redirect examination by Mr. INIkcim: 

Q. You say there was one man running u]) toward where the battK' was before 
the shooting".' — A. Yes, sir; a hor.«ebacker. 

• 2. How long before the shoi>ting was that'.' — A. .lust l)efore tlie shooting com- 
menced. 

(2. At the time the shooting commenced you could not see any of the partici- 
pants".' — A. I could see the rear end of the train, but I could not see the participants 
in the battle. 

<2. On the rear en<l of the train, <lid you see any of the buck Indians, or only the 
women".' — A. I could not say; it is hard to tell them. 

The prosei-nting attorney thereupon read in evidence the complaint and warrant 
thereon issued by the justice of the peace in Weston County, wliich are attaihc<l 
hereto as marked resjiectively exhibits I' and C. 

-Mr. Mecim. We withdraw the name of Louis Falkenberg from the information. 

The .State then rested its case. 

Mr. liruKK. W this stage of the case we will enterademurrer to the evidence, and 
a.-k that tin- prisoners be discliarged. The demurrer being argued by counsel for 
the jirisouers and the prosecnting attorney, the court sustained the demurrer and 
discbar<_'''il tll^■ prisoners. 



96 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Exhibit A. 

Criminal (■(j)nplaiiit. 

The State of Wyoming, 

County of Converse, ss: 

In the justice court before H. K. Daniels, justice of the peace. The State of 
Wyominu- r. He Crow, Fool Heart, Jesse Little War Bonnet, Charging Wolf, 
Broken Nose, James White Elk, Red Paint, Jack High Dog, Iron Shield. 

Comes now John A. INIcDermott, who, l)eing tirst duly sworn in the name and by 
the authority of the State of Wyoming, informs the court and gives the court to 
understand that He Crow, Jesse Little War Bonnet, Fool Heart, Cliarging Wolf, 
Broken Nose, James White Elk, Red Paint, Jackson High Dog, and Iron Shield, 
late of the county aforesaid, on the 31st day of October, A. D. 1903, at and in the 
county of Converse, in the State of Wyoming, did willfully, maliciously, unlawfully, 
purposely, deliberately, feloniously, and each of his malice atorethought, and with 
premeditated mahce and with force and arms, assault, shoot, wound, kill, and 
nuirder one William H. Miller, and one [Louis Falkenlierg], then and there being, 
two human beings, at one time and in one united and concerted action, by means 
of guns and rifles, contrary to the form of the statute in such case made and ])ro\i(led 
and against the peace and dignity of the State ot Wyoming. 

Second c(nint. — That the said above-named defendants at and in the county of Con- 
verse and State of Wyoming, on the said 31st day of October, A. D. 1903, they then 
and there being, did willfully, maliciously, unlawfully, purposely, feloniously, and 
with premeditated malice, and with force and arms, assist, encourage, counsel, com- 
mand, abet, and I'ause to l)e feloniously, purposely, and with premeilitated malice 

the said William M. Miller and to be assaulted, shot, killed, and uuir- 

dered, two human beings then and there being, contrary to the f(.)rm of the statute 
in such case made and provided, and against the ]ieace and dignity of the State of 
Wyoming. 

John A. McDermott. 

Subscribed and sworn to before me and in mv presence this 10th dav of Novem- 
ber, A. D. 1903. 

H. R. Daniels, 
JiMice of the Peace in and fur Converse County, Wyo. 

The foregoing complaint has the following indorsement: 

In justice's court. Amended comjilaint, before H. R. Daniels, justice of the peace. 
Criminal complaint. The State of Wyoming /•. He Crow, Bull Hide, Jesse Little War 
Bonnet, Charging Wolf, Broken Nose, James White Elk, Red Pin, Jackson High Dog, 
and Iron Shoe. Filed November 10, 1903. 



Exhibit B. 

Cri)nlna/ coiJij)Iaint. 

The State of Wyoming r. John Doe and Richard Roe (real names unknown), before 
F. R. Cooper, justice of the jieace. 

The State of WvoMiN(i, 

County of Weston, s:^: 

In the name of and by the authority of the State of Wyoming, I, W. H. Miller, do 
solemnly swear that on or about the 19th day of October, A. D. 1903, in the county 
of Weston, and State of Wyoming, the said John Doe and Richard Roe (real names 
unknown) did willfully, maliciously, and unlawfully kill ten antelope, against the 
peace and dignity of tlie State of Wyoming and the statute in such cases made and 
provided. 

W. H. Miller. 

Sworn to before me this L'lM day of Octolier, A. D. 1903. 

F. 1\. CoOl'FK, 

Jnxticc (f the Peace. 



Siorx INDIANS (»F IMXK WIDOK AOENPY. S. DAK. 97 

State of Wvomixc, 

('iiHiitii of \Vexloit, .s.*/ 
I Jiereliy certify tliat the above is a true copy of comiilaint in the ca-^e of St;ite nf 
Wyoming r. John Doe and Richard Roe (real names unknown)- 

V. R. CoOPKH, 

.hislive of titr I'ltter. 

Cirtijifitte of roiuiti/ r/rrh. 

1, A. I,. I'utnam, clerk of the county of Weston, State of Wyominj;, <lo iiereliy 
certify that V. R. Cooper, est|., who has si>rne<i his name to tin- forejioinjr and 
annexed criminal complaint, was at the time of so doin>r a justice of the peace in and 
for the county and State aforesaid, duly conunissioned and sworn: that all his otiicial 
acts are entitled to full faith and credit, and that his signatun- thereto is genuine. 

His term exi)ires first M(Hiday, January, IKOo. 

Witness my hand and otticial seal this 12th day of November, A. 1). H»03. 

A. L. TlTXAM, rniinh/ Chrk. 

In justice court. Before F. R. Cooper, justice of the peace. Criminal complaint. 
State of Wyomiu": v. John Doe and Ricliaid Roe (real names unknown). Filed this 
22d ilay of October, IWo. F. R. Cooper, justice of the peace. 



Exhibit C. 

Crim'wal mnrnnf. 

The State of Wyoming, 

Counti/ of ]yeston, ss. 
To the sheriff, or rnnj constable of mid counli/, greeting: 

Whereas W. II. Miller has this day complained in writing to me, on oath, that 
John Doe and Richard Roe (real names tniknown) did, on or a)x)Ut the 19th day of 
October, A. D. 1903, at , in the county and State aforesaid, willfully, mali- 
ciously, and unlawfully kill It) antelope, and prayed that the said John Doe and 
Richard Roe might be arresteil and dealt with acconling to law. Now, therefore, in 
the name of the State of Wyoming, you are commanded forthwith to apjuvhend the 
sai<l John Doe and Richard Roe and bring them before me to be dealt with according 
to law. 
(iiven un<ler my hand and seal this 22d day of October, A. I). 190.S. 

F. R. Cooper, 

Jnstire of the Peace. 

State of Wyoming, 

County of Weston, ss: 
I herel)y certify that the above is a true copy of the warrant in the case of State of 
Wyoming i. Jolni Doe and Richard Roe. 

F. R. COOI'EH, 

Justice of tlie Peace. 

Certificate of counti/ clerk. 

I, A. L. I'utnam, clerk of county of Weston, State of Wyoming, ilo hereby certify 
that F. R. Cooper, es(|., who has signed his name to the foregoing and annexed 
criminal warrant, was at the time of so doing a justice of the peace in and for the 
county and State aforesaid, didy conunissioned and sworn; that all his oliicial acts 
are entitled to full faith and credit, and that his signature thereto is genuine. 

Ilis term exi)ires lirst Monday, January, l'.)05. 

Witness my hand and oliicial" seal this'll'tli day of November, A. D. UIO.S. 

A. \.. I'lTNAM, < 'niniti/ Clerk. 

The State of Wyo.mi.m;, 

Counti/ of Laramie, .w: 
I, Clyde M. Watt.s, do lu-reby certify that I reported in shorthand the evidence 
offered at the preliminarv examination of lie Crow, Fool I bin t. Jes.se Little War 
r.oimet. Chariririg Wolf. 'Re,! I'aiut. James Wliitc Klk, I'.roUcu Nose, Jack II iirh 

S. Doc. I2S 7 



98 SIOUX INDIANS OF PINE KIDC4E AGENCY, S. DAK. 

Dog, Iron Shreld, at Douglas, Wyo., on the 14th day of November, 1903; that the 
above and foregoing is a full, true, and complete transcript of my shorthand notes of 
such evidence, together with a copy of each and every exhibit offered in evidence, 
and a copy of the map used at the examination, but which Avas not offered in evidence. 
Dated this 11th day of December, 1903, Cheyenne, Wyo. 

Clyde ]\I. Watts. 



Department of Justice, 
Washington, D. C, December £9, 1903. 
Sir: Referring to my letter of the 22d instant, inclosing a report from United States 
attorney of Wyoming, I send you herewith for your information copy of the game 
and fish laws of Wvoming, forwarded bv him. 

Respectfully,^ ' ' H. M. Hoyt, 

Acting A ttorneg- General. 
The Secretary op the Interior. 



GAME AND FISH LAWS OF THE STATE OF WYOMING, 1903. 

[Revised Statutes of Wyoming, 1899. Division 1, Title XV, game and fish, as amended by chapters 44 

and 22, Session Laws of 1903.] 

Chapter 1. 

game. 

Game warden — Powers and duties — Bond — Salarij. 

Sec. 2101. The governor shall appoint a suitable person to serve as State game 
warden whose duties it shall be to protect the game and fish of this State and to 
enforce the laws relating thereto. The State game warden shall hold his office for 
four years and until his successor is appointed and cjualified. Before entering upon 
the duties of his office the State game warden shall execute a bond to the State of 
W^yoming in the penal sum of ($3,000.00) three thousand dollars, conditioned for 
the faithful performance of his duties, and his bond shall be approved by the gov- 
ernor. The governor shall have power, at any time, to remove the State game warden, 
for misconduct or neglect of his duties, upon written charges duly preferred; but 
the State game warden shall be heard in his own defense. He is hereby authorized 
to arrest, without warrant, any person or persons found violating any of the provisions 
of the game and fish laws when detected in the act or found with game or fish in their 
possession at the time of arrest. The State game warden shall be an active' execu- 
tive officer, and shall at all times, when possible, take the field in person in the per- 
formance of his duties. He shall personally supervise the protection of all game and 
the detection and punishment of violators of the game and fish laws. The State 
game warden shall be allowed to grant a permit to the agents of the Smithsonian 
Institute or other well known scientific institutions to take and ship out of this State 
game animals or birds for scientific purposes. Whenever the State game warden or 
his legal assistants meet with resistance when attempting the arrest of any person or 
persons for a violation of the game or fish laws he or his assistants shall have power 
and authority to call upon an}' peace officer or any citizen of Wyoming to assist in 
making such arrest. The State game warden is hereby authorized to employ an 
attorney to prosecute violators of the game and fish laws when deemed necessary, 
such attorney to be paiid from the State game fund: Froridcd, That not more than 
($200) two hundred dollars per annum be expended in this manner. The State game 
warden shall ))e required to make an annual rejiort to the governor, and all assistant 
game wardens be ret^uired to report monthly to said State game warden. The State 
game warden shall hv, paid the sum of ($1,500) fifteen hundred dollars per annum, 
j)ayable monthly from the general fund of the State, together with an allowance of 
($200) two hundred dollars per annum for contingent expenses. 

Assistant game wardens — Salary — Bond. 

Sec. 2102. The State game warden shall have power to appoint such assistants as 
are necessary, in the various counties of this State, to properly enforce the laws, and 
lie is herel)y authorized and directed to appoint three assistant game wardens from 
different parts of the State, no two to be appointed from any one county, to be paid 



Slorx IXDIAX-^ <»F I'lNK RII)(}?: AGKNCY, S, DAK. 99 

an ammal salary of ($900) niiu- linmln^d dollars i-ach, payalilt* (luarti'rly, out of tlie 
^ftate •rame fiiiul. And he is litTciiy autiiorizi'il and diri'cted to appoint one or more 
special assistant game wardens, as the emergency may <lemand, m anv county of 
this State; said special assistant game wardens to he paid tiie sum of three df)Ilai-s 
per day tluring the time of actual service. All salaries to he paid from ti>e Statt 
game fund after the accounts have heen approved hy the State game warden. 
The three assistant State game wardens shall t'xecutc a hond to the State of Wyo- 
ming in the jienal sum of ( >;i,(HU)i onethousaiid dollars i-ach; and all special assistant 
game wardens shall exi'cute a lioiid to tiie State of Wyoming in tlu' penal sum of 
(.S"i(M)| live huiidre<l dollars each, conditioned for the faithful performance of their 
duties, said hond to In- approved hy and tiled with theStatt- gauu' wanlen; and they 
shall have the same power to make arrest as the State game warden. Their com- 
missions may he revoked at any time, for good and sutticient cause, hy the State 
game warden: Prorided, That i)ersons employed in this State hy the Feileral (»ov- 
ernintnt for the protection of the various forest reserves and known a.s "forest 
rangers" may he appointed special assistant State gami' wanlens, without pay or 
hond. and at the pleasure of the State <_'amc warden. And it is is herehy <lfclare<l 
hy the legislature of the State of Wyoming that the ottice of the '"forest rangers," 
under the I>epartment of the Interior of the I'liited States, shall not he incompatible 
with the otHce of special a.>^si.stant game warden, within the nn'aning of section 
IH of article ti of the constitution of the State of Wyoming. The State game 
warden shall tile with the governor a list of all assistant and special assistant game 
wanlens apjMiinted hy him. 

. llipiopriations — Neglect of dnti/ — PenaUij. 

Skc. L'Ki;!. There is hereby appropriated out of the moneys of this State, not other- 
wise appropriated, the sum of (^i>,()()l)) two thoasand dollars, or so nnich thereof as 
may be necessary for the year UHK-i, and the sum of (S2,000) two thou.sand dollars, or 
so much thereof as may he necessary for the year 1904, to he credited to the State 
game fund hereinafter proviiled for, for the years 190:^ ami 1994. Whenever the 
attention of the State game warden or of any a.<sistant State game warden, sheriffs, 
deputy sheriffs, or constables is called to any violation of any of the provisions of 
this title, and he shall fail to take pro]»er steps for the arrest and conviction of any 
person or corporation clian^cd with such violation, he shall l)e deemed guilty of a 
mi.-demeanor and upon conviction thereof shall be lined in any sum not less than 
fifty nor more than two hundred dollars and shall have his commission revoked. 

Wiinlijii destruction of game nndJUhjirolnhded. 

Skc. 2104. The wanton destruction or the wasting of the game and fish of tliis 
State during any period of time when the taking or cajjture of such game or fish is 
permitted is herein' i>rohibite<l an<l declared a misdemeanor, and any and all persons 
who shall at any time take, kill, capture, or destroy any game or fish in excess of the 
luimber provided by law shall be deemeil guilty of a ndsdi-meanor, and uixm con- 
viction tlu'reof shall be i)unished by a line of not less twenty-five nor more than one 
hunilred dollars and the costs of prosecutif)n, to which may be added a sentence of 
not more than thirty days in the county jail. 

(i/ii'ii st'dniiit — '^'ige cltirLi'ii.t, jjrnirir cjiirhius, mid gronxi'. 

Skc. 2105. .No person shall kill, net, or trap within this State, except as hereinafter 
j»rovided, any snipe, greenshank, tatler, god wit, curlew, avo,><et, or other wader or 
plover, nor any (piail, lark, whip-|)oor-will, finch, thrush, snowbird, turkey buzzard, 
robin, or other in.^Jectivorous birds except that partridges, plu'asant, i)rairie chi<ken, 
prairie hen may be shot from .Septend>er first to December first of each year, and 
sage chitkens or grouse may be shot from .hily fifteenth to October fiftienth of each 
year, and if at any time any person shall be found in po.sse.ssion of any partridge, 
phea.«ant, prairie hen, prairie chicken, or grouse or sage chicken, at any other time 
than between the dates above mentioned, or an\' other of the fowls or birds nu-n- 
tioned in this .^^ection, exce[)t in the season, it siiall be ])rima fat'ie evidence that the 
same was killed, nettetl, ensnared, or trapjied by such i)er.son in violation of the i>ro- 
visions of law: Proviiled, That snijM', greenshank, tatler, godwit, curlew , avosct, or 
other waller or plover may he shot from the first <lay of SejUember to the first day 
of May of each year: l*rovide<l also. That this section shall not Im' construed to 
prohibit any person from im|)orting or dealing in <piail, jiartridge. prairie chicken, 
prairie hen, phea.^^ant, or grouse iluring the open .«eason for such binls in this State. 
.\ny pt'rson who shall violate any of the provisions of this section shall be deeme<l 



100 SIOUX INDIANS OF PINE KIDGE AGENCY, S. DAK. 

guilty of a misdemeanor, and upon conviction thereof shall be fined in any sum not 
less than ten nor more than fifty dollars, together with costs of suit, and shall be 
prosecuted and punished in the same manner as in other cases of misdemeanor. 

Ojien season — DucJcs (ind geese. 

Sec. 2106. No person or persons shall ensnare, net, or trap within this State any 
wild duck, wild geese, wild swan at any time. Any person or persons who shall vio- 
late the provisions of this section shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be fined not less than twenty nor more than fifty dollars for 
each duck, goose, or swan thus ensnared, netted, or trapped. There shall be estab- 
lished from the first day of September to the first day of May in each year an open 
season in which ducks, brant, or yeese may be shot, killed, or taken l)y means of 
gunshot, but nothing but shoulder guns many Ije used at any time. And it shall be 
unlawful to kill aviy of the above-mentioned water fowls l)y any other means or dur- 
ing any other period than above specified: Provided, That it shall l)e unlawful for 
any person or persons to kill any wild swan in the State of Wyoming. Any ])erson 
or persons who shall violate the provisions of this section shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall be fined not less than ten nor more 
than twenty-five dollars for each offense, or may be imprisoned in the county jail 
for not more than sixty days. 

Open season — Deer, elk, goat, he(tr — Unlairful to kill moose or antelope. 

Sec. 2107. It shall be unlawful to kill any moose in the State of Wyoming till the 
fifteenth day of September, 1912. It shall be unlawful to trap or kill any marten in 
the State of" Wyoming till the fifteenth day of Septendier, 1912. It shall be unlawful 
to pursue, hunt, or kill any deer, elk, antelope, mountain sheep, or mountain goat at 
any time except fiom the fifteenth day of Septend:)er till the fifteenth day of Novem- 
ber of each year. It shall be made a misdemeanor to hunt, kill, or trap bears ujion 
any of the national forest reserves within the State of Wyoming except during the 
open season for the hunting and killing of elk, deer, or mountain sheep and moun- 
tain goat, and then only by persons hunting legally. It shall l)e unlawful, at any 
time whatsoever to kill or capture any of the above-named animals, except bears, 
by means of any ]^it, pitfall, trap, or snare. Any person may, during the period per- 
niitted and prescribed by this section, pursue, hunt, and kill any of the above-named 
animals under the conditions and restrictions hereinafter imposed, except as herein- 
before provided. It shall be unlawful for any person to kill any of the game animals 
or birds of this State at any time without a gun license, as hereinafter provided for. 

Gun license. 

Sec. 2108. Any person who is a bona fide citizen of the State of Wyoming shall, 
upon the payment of one dollar to any justice of the peace of the county in which 
he resides, be entitled to receive from said justice of the peace a gun license, which 
license shall permit such person to pursue, hunt, and kill any animals mentioned in 
section two thousand one hundred and seven during the time allowed therefor, of 
the current year in any of the counties of this State, and such gun license shall state 
the name, occupation, and place of residence of the person holding the same. But 
no person shall be required to take out such gun license in order to pursue, hunt, 
and kill any of the animals mentioned in section two thousand one hundred and 
seven, during the time allowed therefor, in the county in which he actually resides. 
Any person who is not a bona fide resident taxpayer of the State of Wyoming shall, 
upon the payment to any justice of the peace of this State of the sum of fifty dolhu-s 
and the employment of a qualified guide, l>e entitled to receive from such justice of 
the peace a license, which license shall permit such persons to pursue, hunt, and 
kill any of the animals mentioned in sec. 2107, or any of the game birds of this State, 
during the time allowed therefor of the current year: Provided, That nothing in this 
chapter shall prevent bona fide resident minors of this State from killing any of the 
game birds of this State during the open season. 

Amount of game Ihnited. 

Sec. 2109. During the open season of each year no i^erson shall be permitted to 
jHirsue, hunt, and kill more than two elk, two deei-, two antelope, one mountain 
sheep, and one mountain goat, and all gun licenses issued Ijy the justices of the })eace 
of this State shall state the number of animals that may be killed by the holder of 



SKM'X INDIANS OK PIN?: RID(;K A(}?:NCY, S. DAK. 1»)1 

sucli liofiise. Kvery jier^on wlm sliall liavf pnioiirefl ami paid for a ^run lict-nsi- shall 
hi- entitU'il to tilt' u.si" and possi-ssioii of tlic wholf or any |)art of any animal killed 
in aciordancf with the provisions of this chaptfr; hut tlu- hartt-r or sale of the lar- 
cassfs. skins, antlei"s, tnsks or tnsk, teeth or tt»oth of the animals mentioned in thi»* 
chapter is herehy prohibiteil, and the possession of sn<-h carcasses, skins, antlers, tnsks 
or liisk, teeth or tooth in excess of the mimliir providetl for in this section shall 
be considered prima facie evidence of the violation of the provisions of this chapter. 
It shall 1k' a misdeint-anor for any person to have in possession or to liuy or sell any 
game or (ish in this State which was killed or taken in anotlu-r State, when the pos- 
session of or huyinjr or sellini; of snch <;ame or fish is prohibite<l in this State. 

^• ((/(/». V. 

Sec. 2110. No person shall enjra<re in the bnsiness of <:nidinfr, as the term is com- 
monly nnderstood. withont havinjr lirst procnred from s(»me jnstice of the peat^-e of 
the comity in which he resides a gniile's certificate. Any comj)etent person of good 
moral character who is a bona lide citizen and iinalilied elector of the State of 
Wyoming, shall, upon the payment of ten dollars to a jnstice of the jieace of this 
.^tate, be entitled to receivi' a I'ertilicate as guide, whicli certilicate shall be valid only 
for the term of one year •roiii date of i.<sne, and shall state the name, age, and place 
of residence of the holder of the same, and shall recite that the holder of snch certifi- 
cate is a person of good moral character. I'Aery person before obtaining snch certili- 
cate shall present to the jnstice of the peace the aHi<lavit of two resident taxpayers, 
known to said jnstice of the peace, corroborating his own atlidavit, that he is a i|nali- 
tied elector of the State of Wyoming, and all snch gnides shall be reipiired to fnrnish 
the State game warden sworn rejxirts each year not later than December tirst, said 
reports to contain the names of persons gnided. nnmlier of animals killed, and disjio- 
sition of same, and tlie name ol the jnstice of the peace granting snch certificate to 
guide. F-very person acting as gniile in this State shall be ex oflicio a.<sistant game 
warden, and shall tile with the jnstice of the peace granting him his certificate his 
oath of otKee as such assistant game warden. Any person acting as guide for any 
person shall be equally resitonsible with such person for any violation of the law, 
and any such guide who shall fail or refuse to report any snch violation of the law by 
the per-on employing him, shall be liable to the penalties prescribed in .^ec. L'lKi, and 
in addition to such penalties, such guide shall have his ceititicate revoked, and shall be 
ineligible to act as guide for a jieriod of live years from the ilate of his conviction. 
Any person who shall, for pay, ai<l or assist any person or party in locating, jmi-sn- 
ing, hunting, and killing any of the animals mentioiie<l in this chapter shall be 
deemed a guide within the meaning of this section. 

Xoiiresidenl iiiusl haie gniile. 

Skc. I'lll. Jt shall be unlawful for any nonresident person to kill any of the 
animals mentioneil in this chapter unle.ss accomj)anied by a (lualitied guide. 

(rllllW IIKll/ lit' xllljl/llll — irJieti. 

Sec. 2112. Kvery nonresident person who has complied with the re(|uireiiu'nts of 
sec. 21(IS shall be allowed to transj)ort beyond the limits of this State any carcasses, 
iieads, antlers, sralps, skins, teeth or tooth, tu.«ks or tnsk of any animals killed in 
accordance with the )irovisions of this chajiter, and the gun license of such pei>-on 
shall be considered as eviiU-nce that such carca.-^ses, hea«ls, skins, scalps, teeth or 
tooth, tnsks or tusk were taken from animals which were killed in .«ea-son and 
according to law. The State game warden and his a.^sistants, and all sheriffs and 
constables of this State, shall have the right to search any camp, lamp oiitlit. iiack 
or pack animals for carcasses, hides, horns, .scalps, tei-tli or tuotli, tnsks or tusk, or 
any other jtarts of animals killed in violation of the jtrovisions of this chapter. 

Lircitsr iiiiikI hr rarrit'tl. 

>yA-. 2\\'A. It shall be the duty of all persons holding licenses as hcn-in iirovid«'d 
for to pnxlnce the same when demanded by any dniv authorized (illicerof the law. 
Each act of pursuing, killing, or hunting of any of tlie animals mentioned in this 
chapter without a lici'iise shall be considercil a distinct and separate offeii.se. The 
several <listrict courts of this State shall have original jurisdiction, as well as justices 
of the i)eace, of any violation of the ju-ovisions of sections 2107 to 21 15, inclusive. 



102 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

State game fund. 

Sec. 2114. All moneys collected for licenses and for certificates to guides, as herein 
provided, shall, within thirty days after the receipt of the same by any justice of the 
peace, be paid into the State treasury. P.very justice of the peace shall, also, fur- 
nish the State treasurer, with each remittance, a list of the names of all persons who 
have secured from him licenses and guide certificates and the date of such licenses 
and certificates. All monies so paid into the State treasury shall be, and are hereby, 
constituted a State game fund, said fund to be drawn upon only for the payment of 
assistant game wardens and attorneys' fees, as hereinbefore provided. 

CompeHsation ofjiiMlees. 

Sec. 2115. The justices of the peace collecting and accounting for the licenses and 
certificates i^rovided for in this chapter shall be allowed as compensation, for such 
services, five per centum of all monies so collected, which commissions may be 
retained by the said justices of the peace. Any justice of the peace of this State who 
shall fail or refuse to pay unto the State treasury all monies collected by him as pro- 
vided for in sec. 2114 shall be immediately removed from office, and shall be liable 
for criminal prosecution. 

Penalty. 

Sec. 2116. Any person or persons violating any of the provisions of sections 2107 
to 2115, inclusive, shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be fined in any sum not less than twenty-five nor more than one hun- 
dred dollars and costs, or by imprisonment in the county jail not less than ten nor 
more than ninety days. 

Unlairfnl tu capture or ^ell game animaU. 

Sec. 2117. It shall be unlawful at any time to capture or ijursue for the purpose of 
I'apturing any of the wild animals mentioned in section 2107, of whatever age, for 
the purpose of selling or disposing of the same, or for shipping the same out of the 
State, except as hereinbefore provided. Provided, It shall be lawful to sell any 
colon or quail for the purpose of breeding or to take the same alive for preservation 
through the winter. 

Beaver. 

Sec. 2118. It shall be unlawful for any person to kill, wound, ensnare, or entrap 
any beaver or kitten beaver within the State of Wyoming until the fifteenth day of 
September, 1912. Provided, That any resident taxpayer and l)ona fide owner of real 
estate in this State, may, upon his own premises, or upon the right of way of his 
own ditches, kill or destroj' beaver when necessary for the protection of his dams, 
irrigating ditches, and trees, and to prevent the overflow of water on his lands. 
Any person violating any of the provisions of this section shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall be fined in any sum not less than 
twenty nor more than fifty dollars, or shall be sentenced to the county jail for a 
period of not less than twenty <lays. 

Unlairful to kill or ca/dare buffalo. 

Sec. 2119. It shall be unlawful for any person to kill, chase, pursue, or catch any 
buffalo of any age at any season of the year in the State of Wyoming, or to drive, 
or in any manner remove or transport any buffalo out of the State of Wyoming. 
Any person or persons who shall violate the provisions of this section shall l)e guilty 
of a felony, and upon conviction thereof shall be punished by imprisonment in the 
State penitentiary for not less than three nor more than ten years. Provided, That 
this section shall not apply to tame oi' domeslii'ated buffalo. 

Unlairful to bin/ ]iklei< or horna. 

Sec. 2120. It shall be unlawful for any ])erson or jiersons to purchase or ()l)tain by 
barter any green or untanned hides or hide, tusks or tusk, teeth or tooth, or horns of 
any animal mentioned in sec. 2107. All ])rofessioiial taxidermists who mount speci- 
mens of game animals, l)irds or fish for ])rofit, shall be reciiured to keep jiosted in a 
consjjicuous i)lace in their respective shoiis or ofiices, a list of the names of all i)er- 
sons who furnish them with raw or unmounted specdmens; and such taxidermists 



SKU'X INDIANS OF I'INK KIDUK A(;EN('Y, S. DAK. 103 

shall be required to exhibit surh list, tojrether with all uninounteil specimens in their 
])ossessi()n, to the State ^'aine wanleii or his assistants ii|toii re<in»'st. Any person 
viul;itin'_' the provisions oi' this section shall i)e «leeuie<l jjuilty of a misdemeanor and 
iiliiin conviction thereof, shall be fined in any sum not less than twenty nor more 
than two hundred dollars oi imprisoned in the county jail for a period of tiiirtydays. 

<i<niu mnij he aJtipped — W'Jien. 

Si;( . L'lL'l. It shall lie nidawfnl for any railway, express company, sta^e line or 
other ))ul>lie carrii'r, or any of their aj^ents or employes, or other person or persons to 
receive or have in their jxissessioii for transportation any carcass, or part of carcass, 
hides untanneil, teeth or tooth, tusks or tusk, or horns of any of the animals men- 
tioned in this chajiter, exci'i)t as otherwise proviiled by law. Except that nothing 
in this chapter shall prevent shipping or transporting in any manner mounted heads 
or stuffed birds or animals to any point in or out of the State: Provided, That such 
birds or animals were not killed in violation of this chai)ter, or that heads or horns 
were not taken from animals killed in violation of this cl)ai>ter. Any person or 
persons or corporation knowingly transporting game or tish for market within or out 
of the State shall be ileemed guilty of a misdemeanor, and upon convi<'tion thereof 
shall bi' fined in the sum of not less than one hundred dollars nor more than live 
iiundred dollars for each consignment from one consignor to one consignee. Pro- 
vided, That none of the i)rovisions of this section shall apply to game or tish in 
transit through this State from other States and Territories. 

Stdte cxftmhier xliall f)iniisli li/aiiLs — Ihtti/ county deck — ApprojirUit'um. 

Sec. 2122. The county clerk of each county in this State shall, on or befon- .June 
first of each year, furnish to the State examiner a full, true, and complete list of names 
of all ju.^tices of the peace within his respective county, together with their ])ost-ofiice 
addresses. The State examiner is hereby authorized and directed to furnish to such 
justices of the i)eace i^rinted licenses and certificates, in accordance with the pro- 
visions of this act, prepared with stubs and coupons securely bound in books ami 
nund)ered consecutively. Such books, together with the stubs and any unuseil 
liienses or certificates shall be returned to the State examiner by the justices of the 
peace on or before I)eceud)er first in each year. For the purpo.«e of defraying the 
cost of printing licenses and certificates and paying postage the sum of two hundred 
dollars per annum, or so much thereof as may l)e neiessary, is hereby appropriated 
out of any fun<ls in the State treasury not otherwise appropriated. 

fV of (lorji^ ill liunting prohibited. 

^vn\ 212:;. It shall be unlawful for any j)er.>;on or ])ersons to use dogs for the pur- 
po.se of running or coui-sing deer, antelope, elk, or mountain sheej), an<l any j)erson or 
persons found guilty of such running or cours^ing shall be fined in a sum of not less 
than ten nor more than fifty dollars for each offence, and in default of payment sluill 
be imprisoned in the county jail not less than ten nor more tlian sixty days. 

('omili/ (ynmiilxxlonrrs hkii/ appoint ijovw oiid riKJi nardiiis. 

Sec. 2124. For the more certain detection and punishment of the violators of the 
])rovisions of this title the boanl of county connnissioners of any county may, in 
their discretion, a))i)oint a garni- and fish warden for tlu' county, who shall hold his 
ottice during the pleasure of said board, an<l shall be subjt'ct to removal at any time. 
He shall receivt^ such compensation as the board of county connnissioners may 
determine, which shall be at a rate not to exceed three dollars per day for the time 
actually and nect'.>jsarily employed by him in the discharge of his duties, and he shall 
l)e |)aid out of such fumls as the board may direct. Before entering ujion his duties 
he shall take ami sub.^cribe an oath before some otiicer authorized by thi' laws of 
the State to administer oaths to faithfully perform the duties of his ollici-. When- 
ever the attention of the county game and fish warden is called to any violation of 
the ])n)visions of this title, and he shall fail to take nroper steps for the arrest and 
conviction of any iier.^on or ])ersons or corporation charged with violating any of tin- 
|>rovisions of this title he shall be guilty of a nusilemeanor, and upon conviction 
thereof shall be fineil in any sum not greater than one hnndreil dollars and shall 
have his conunission revoke<l. Provided, That nr>thing in this cliajifer shall prevent 
tlu' State game wanlen from appointing such de|)uties in each couiUy as lie deems 
necessarv, as hereinbefore proviiled. Nothing in this title shall appiv toanv private 
fish pond. 



104 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Dispos'd ion of fines. 

Sec. 2125. Upon the arrest and conviction of any person or persons violating any 
of the provisions of the game and tish laws the whole of the fine shall be paid into 
the general school fund. 

Authority of officers. 

Sec. 2126. Any officer authorized to enforce the fish and game laws of this State, 
with or without process, shall arrest any violator of any of the provisions of this title 
and such officer shall, with diligence, cause such person to be taken before the proper 
court for trial or examination, which trial shall be had upon complaint or informa- 
tion as now provided by law. Any game warden, sheriff, constable, or other officer 
of the law may at any time seize and take into his custody any game or fish or any 
carcass thereof, or any portion of the same which he may find at any time in the 
possession of any person or corporation during the period when the capture of such 
game or fish is not permitted by the laws of this State, and such game or fish shall be 
sold when practicable by said officer, and the money derived from the sale thereof 
shall be paid into the State game fund. Provided, That this section shall not apply 
to any stuffed carcass or stuffed head, or skins of animals which were taken or 
captured during the season allowed therefor. 

Chapter 2. 

FISH. 

Fish hatchery districts. 

Sec. 2127. The State of Wyoming is hereby divided into fish hatchery districts, 
denominated fish hatchery district number one and fish hatcherv district number 
two. Fish hatchery district number one shall Ije composed of the counties of Albany, 
Laramie, Converse, Natrona, Fremont, Carbon, Sweetwater, and Uinta, and fish 
hatchery district number two shall be composed of the counties of Sheridan, John- 
son, Weston, Crook, and Bighorn. 

. \j>pointment of superinfendoit — solury — bond. 

Sec. 2128. The governor shall nominate, and, by and with the consent of the Sen- 
ate, appoint a superintendent for each of the districts hereby created, who shall be a 
resident of the district for which he is appointed, and shall hold his office for four 
years or until his successor shall have been appointed: Provided, When a vacancy 
occurs the governor shall have power to fill such vacancy. Said superintendents 
shall receive an annual salary of twelve hundred dollars, which shall l)e in lieu of 
all expenses they may incur while in discharge of their respective duties, except as 
hereinafter provided; and they shall, before entering upon the discharge of their 
duties, execute a bond to the State of Wyoming in the sum of twenty-four hundred 
dollars for the faithful performance of their duties, which bond shall be approved 
by the governor. 

Duties. 

Sec. 2129. The superintendents shall have entire control and supervision of the 
public waters in their respective districts pertaining to the collection, propagation, 
culture, distribution, and protection of fish, and shall distribute all tish coming into 
their hands for distribution fairly and eciuitably among the several counties compos- 
ing their districts, or as the county commissioners thereof may direct. Superintend- 
ent of fish hatchery district number one shall reside at the hatchery located in Albany 
County, Wyoming, and superintendent of fish hatchery district mnnher two shall 
reside at the iiatchery located in Sheridan County, Wyoming. Said sujierintendents 
are hereby authorized to employ such assistance as is absolutely necessary to the 
efficient and i)nip(T inauagenient of the hatcheries in their charge: Provideil, That 
exjienses so incurred shall not exceed the appropriation available for such j^urposes, 
and siiall have full control of all i)ersons so employed, and of all proi)erty of the State 
now owned, or which may hereafter be obtained or held for the purposes contem- 
plated l)y this chapter. As far as may be possible and convenient, they shall receive 
etiualiy all fish and fish spawn donated to this State from any source whatever, and 
also all fish and fish spawn purchased by this State. They shall give special atten- 
tion to the enf(jrcement of the laws relating to the propagation, cultivation, and pro- 



^^T()^X INDIAN;^ OK I'INK KIDCE AdKNCY, S. DAK. K^^) 

ti'ction of foDil fishes in the waters of tliis State. They may, when necesHary, i-stali- 
li.sh hatehin^ 1 tuxes and make sudi other improvement.s or alterations as siiall l)e 
neee.«.«ary for tlie projter hatcliinjr and pre.«ervati(>n of spawn, and a<liipt sneh other 
means as will liest promote and inerea^^e the preservation of food (ishes: Provided, 
That nothin;r in this ehapter siiall he const rned or understood as in any way tend- 
ing to abolish or interfere with the branch lisli hatchery alreaily estal>lished and in 
oi>t'ratioii in Siuidan<e, in Crook County, in this ."^tate. 

Mill/ tuLr fifJi fill- .frii iilijif jinrjinnix. 

Si;< . iMMO. The superintendents may take, or cause to be taken, from any of the 
pnblit' waters of their ilistricts. at any time, or in any manner, hsh, for the purpo-ses 
of jtrojiaj^ation, science, or inspection. 

.I/k.s/ iiKiLi rrjimi. 

Skc. :.'1.S1. It siiall i>e the duty of superintendents to make an amiual detailed 
statement or report to the governor of their olHcial transactions, including expendi- 
tures an<l the purposes for which same were made: also the number and kind of lish 
distributed, and the localities and names of the streams, ponds, or lakes where the 
same have been jjlaced. 

SIhiII xluck si reams. 

Sec. 21.S2. It shall be the duty of superintendents to examine the waters of their 
res[)eetive districts, which are not naturally stocked with fish, as to their adajita- 
bility for fish, and stock .same, if suitable; and after having done so, make publica- 
tion "of such fact in .some newsi)aper published in snch county for not more than four 
consecutive weeks; and it shall be unlawful for any person or ])ersons to take any 
tish, in any manner whatsoever, out (^f any water so stocked, for a period of two 
years after first i.ssue of such publication: Provided. That the foregoing shall not 
apply to streams that have a natural supply of trout. 

Dlstrihiilinii of Jislt. 

SEf. 21.S.S. Sujierintendents shall notify the boards of county eonimi.-^sioners of 
their di.«tricts, at their regular meeting in May of each year, of the number of young 
fish for distribution in their respective counties, and it shall l)e the duty of the 
county commi.<sioners to instruct .<aid superintendt'nts what streams they wish stockeil, 
and if said streams are suitable for tish the suiierinteinlent shall personally distribute 
such tish in each county as directed, unless such distribution be otherwise provided 
for by the board of county commissioners of said county. The boanl of county 
commissioners of the several {"ounties is hereby authorized and directed to juiy the 
actual and necessary expenses of the superintendents while distributing tish in such 
county. 

Siiji('riiitrii(Jnil!< as inrr'Icns. 

Sec. 21:U. Superintendents of tish hatcheiy districts are hereby declart'd to be tish 
wardens, and as sudi are charged with the enforcement of all laws of this State relat- 
ing to iish. They shall arrest, or cause to be arrested, all violators thereof, an<l prose- 
cute all offenses against tlu- same. They shall have full power to arrest without war- 
rant any and all peixms who may be found violating any of the provisions of the laws 
of this State relating to lish, and it is their duty to do so. 

Pn,all,i. 

Sec. 2l.';o. .\ny person or jter.sons coiivictetl of violating tlu- provisions of sections 
two thousand one hunilred and twenty-seven to two thousand one hundrt'd and 
thirty-two. inclusive, shall be (U-emed guilty of a misdemeaiutr, and upon conviction 
thereof shall be i>unished by a line of not less than ten dollars nor more than one 
hundred ilollars. 

S<iU of (jniiii' jixli firoliiliiliil. 

Sec. 213(1. It shall be unlawful to sell, tlirectly or indirectly, or to offer for sale, 
any game lish, or |<art thereof, caught within the borders of the Slate. 



106 SIOUX INDIANS OF PINE EIDGE AGENCY, S. DAK. 

S]>ipme))l of fish prnhihited. 

Sec. 2137. It shall be unlawful for any railroad company, express company, stage 
company, or other common carrier, or any of their agents or employees, or other 
person or j^ersons, to receive or have in their i:)OSsession for transportation any game 
fish caught within the borders of the State: Provided, That this section sliall not 
apply to game fish lawfully taken from the waters of this State l)y any bona tide citi- 
zen thereof. 

Uiilaicfiil to sliipfixjt. 

Sec 2138. It shall be unlawful for any person or persons, company or corporation, 
to ship or offer to ship, within or out of the State, or to carry out of the State any 
game fish caught within the borders of the State. 

Amount Javful to catch. 

Sec. 2139. It shall be unlawful for any person or persons to have in his or their 
possession on any one day, more than twenty pounds of game fish caught within the 
bordei's of the State. 

Penalty, 

Sec. 2140. Any company or corporation, person or persons, violating anj' of the 
provisions of section two thousand one hundred and thirty-six to two thousand one 
hundred and thirty-nine, inclusive, shall be deemed guilty of a misdemeanor, and, on 
convicti(,)n thereof, shall be fined in any sum not less than twenty-live dollars or 
more than one hundred dollars, or imjjrisonnient in the county jail for a period of 
not more than ninety days, or both. 

Unlavful to obstruct free passage of fish. 

Sec. 2141. It shall be unlawful for any person or persons to erect or place, or cause 
to be erected or placed across any of the rivers, creeks, ponds, or lakes of this State, 
any dam, net, service weir, trot line, or any other obstruction in such a manner as 
to prevent the free passage of tish up, down, or through such waters, unless such dam, 
net, service weir, trot line, or other ol)struetion shall be erected or placed across such 
stream, river, creek, pond or- lake with the consent and under the direction of the 
fish hatchery superintendent of the district. 

Duty of oiener of dam. 

Sec. 2142. The owner or owners of any dam erected across any of the streams 
within this State shall build, erect, and maintain at all times at his or their expense 
fish ways at an angle of not less than forty-five degrees, to allow the free and unin- 
terrupted passage of fish up and down such streams. 

Failure to keep sluice in dam. 

Sec. 2143. Each and every month that any person or ]:)ersons, company or corpo- 
ration shall neglect or refuse to keep up and maintain a sufficient sluice, or fishwav, as 
prescril)ed in section two thousand one hundred and forty-two, shall constitute a 
separate offense. 

Prosecutions — vliere may t)e commenced. 

Sec. 2144. All prosecutions for the violation of any of the provisions of sections 
two thousand one hundred and forty-one, two thousand one hundi'ed and forty-two, 
and two thousand one hundred and forty-three shall be commenced before any justice 
of the i^eace in the county wherein the offense shall have been committed, and any 
such justice of the ])eace shall, upon his own knowledge, or upon the oath of any 
competent person, issue his warrant to any constal)le of his count>' for the arrest of 
any person or persons charged with the violation of any of the provisions of said 
section; and upon the arrest of such person or persons shall proceed in the hearing 
of said comi)laint as in other cases of misdemeanor cognizable before justices of the 
peace. 



SIOUX INDIANS OF riNE KIDCJP: AGENCY, S. DAK. lOT 

1 1 '/(</( iijf'i'iisc is ri)iiiiiiitti'tl III! l>oini<l<in/ 11)11'. 

Skc-. 1.'14-"i. When such violntion in aliened t<> liavf hceii ('(imiiiittiMl ii|mim tin- por- 
tion of a stivam or watt-r course w hicli may In- the tiividin^ line l)et\veen two coun- 
ties, then the conii>hiint may l)e matle to any justice of tlie peace in either of such 
counties. 

FisliiiKj jiroliil'ili'l — Will II. 

Skc. LM4H. No jierson shall catch or take or iiave in his jiossession from the Hijr 
Horn or North I'latte rivers, or their trihutaries. by any means whatever, any 
speckled trout, land-locked salmon, trraylinir or California trout <huin^ the month.s 
of October, November, necendier. January, February, March. A]>ril, or either of said 
montiis in any yi'ar. nor Imm any other rivi-r, lake, or stream of this Mate durinji 
the months of" Octolier. November^ Decendier, .lanuarv, February, March, April, and 
May, and the possession and sellinjr or offeriuL' for sale of trout or other food fish 
taken from sai(i waters duriu'r the months respectively i)rohibited shall be prima 
facie evidence of the violation of this section, and the jierson or i)erson.s .«o fouml 
having in possession or selliiifi or offering to sell such fish, shall be deemed guilty of 
a misdemeanor, and, upon conviction tliereof, shall be punished l)y a line of not less 
than twenty-live nor more than fifty dollars and costs of prosecution or sliall be 
imprisoned for a iieriod of not more than three months. 

< 'iiU-hiiKj siiKiH Ji-fh }>ro}tif)lii'd. 

Sec. 2147. It shall be unlawful to kill or destroy, or have in possession for any 
purpose at any time, any trout or black ))ass less tlian six inches in length taken 
from any of the waters of this State, and the jtosstwion shall be prima facie evidence 
of the violation of the provisions of this section, and any jierson violating the jirovi- 
sion of this section shall be deemed guilty of a misdemeanor, and upon conviction 
thereof shall be punished by a fine of not less than live nor more than twenty-tive 
dollars anil cost of prosecution, or shall bi' imprisoned for a period of not more tlian 
thirty days, or by both. 

fV of exploxinx mill itniKmi prohiliiUd. 

Skc. 214S. It shall be unlawful fur the owner of any sawmill, reduction works, 
smelters, refining or concentration works, or any of tlii' emi)loyes thereof, or any 
other person or persons whomsoever, to deposit, throw, or in any way iiermit to 
pass into any natural stream or any lake wherein are living lish, any .>^awi lust, chem- 
icals, or other sulistance that will or may tend to the destruction or driving away 
from such waters any tish, or kill any fish by the use of any poison or deleterious 
drug, or by the use of any explosive substance, or to explode or cau.«e to be exploded, 
any jiowder, hercules ])Owder, dynamite, nitroglycerine, lime gas, or any other 
expl(j.>iive substance, for the pur])oseof ca'icliing, killing, or destroying food fish, and 
any i)ers(jn or |)er.<ons violating the provisions of this section shall be deemeil guilty of 
a misdemeanor, and u])on conviction thereof shall be lined in a sum not less than 
twenty-live dollars nor mori' than one hunilre(l dollars, or shall be imprisoned for a 
|)erio(i of not more than sixty days, or by both: I'miiiliil Inni'irrr. That any jierson 
or i)ersons convicted of using an exi>losive substance for the puri)ose of killing or 
taking any of the food fishes in any of the waters of this State, shall upon conviction 
thereof be fined in a sum not le.ss than twf> hundred antl fifty dollars, nor more five 
liimilred dollars ff)r each and ev»'ry offense, or be imprisoned for not less than one 
year in the county jail, or by both. 

Provided further, That nothing in this title containeil shall prevent the owner or 
owners of any (piart/ mill or reduction works in this State, now locatetl. or to be 
hereafter located upon any natural stream or lake, from o]>erating or working said 
(piart/ mill or reduction works, where the .sdd owner or owners thereof shall build 
or cause to be built a suitable dam to be used in connection with saiil tpiartz mill or 
reduction works, and which dam shall be so constructed as to prevent any tailings or 
substance from pa.s«ing into the stream or lake which will destroy or drive away the 
fish or any number of tiiem from said stream, lake, or water. 

Ln irfiil lisli nil] ilejiiii'il. 

Skc. 214!». .\ fishing tackle consisting of a rod or pole, line ami hook, shall 1)e the 
only lawful means by which fish may be taken from the waters of the State. The 
.«aid hook shall not be bait«'<| with any poisonous drug or substance, and it shall be 



108 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

unlawful for any person or persons to use any net, seine, j^ill nets, fish traps, grab 
hooks, spears, snare, or similar means for catching fish, and no speckled or mountain 
trout, California trout, or any game fish shall l)e caught at any time during open sea- 
son for speculative purposes, or for market, or for sale, and it shall be unlawful for 
any person to sell or offer for sale any speckled or mountain trout caught in the waters 
of this State; provided. That the superintendent of a fish-hatchery district may, upon 
petition of fifty citizens of the county wherein is located any lake or lakes which 
have been stocked with food fish, such as lake trout, white-fish, and carp and upon 
the recommendation of the board of county commissioners of said county, permit 
citizens of this State to fish for said lake trout, white-fish, and carp with a gill net 
with mesh not less than two and one-half inches, said net to be exhibited to said 
superintendent and by him approved; and it is further provided, that fish so law- 
fully taken shall not be shipped out of the State of Wyoming, but persons having 
more of said fish than can be used for their own consumption may sell the same to 
the residents of the State of Wyoming; and provided further. That" said superintend- 
ent may at any time revoke said pei'mission if in his judgment it is necessary in order 
to preserve the fish in said lakes. Any person or persons, company or corporation, 
offending against this section shall be deemed guilty of a misdemeanor, and upon 
conviction thereof shall be fined in any sum not less than twenty dollars nor more 
than fifty dollars, or shall be imprisoned for a period of not more than three months, 
or by both. 

Private waters protected. 

Sec. 2b50. It shall be unlawful for any person or persons to kill or take speckled 
trout or other fish from any private waters used for the propagation of such fish, 
except by the consent of the proprietor of such private waters. It shall be the duty 
of the proprietors of such private waters, who are engaged in the propagation of fish, 
as contemplated by this section, to post, or cause to be posted, in a conspicuous man- 
ner, public notices, painted on boards in large plain letters, that the owner, naming 
him, is engaged in such business, and warning all persons from killing or taking any 
fish in the waters named in such notices. 



[Session laws of 1901.] 

Chapter 37. 
(Senate file No. 21.) 

PROTECTION OP BIRDS. 

AN ACT to protect birds and their nests and eggs. 

Be it enacted hij the legixlatnre of tlte State of Wi/ouiin;/: 

Penalty for lilliiu/ hirds. 

Section 1. Any person who shall, within the State of Wyoming, kill or catch, or 
have in his possession, living or dead, any wild bird other than a game bird, or who 
shall purchase, offer, or expose for sale any such wild bird after it has been killed or 
caught, shall for each offence, be subject to a fine of not more than five dollars for 
each such bird killed or caught, or had in possession living or dead, or imprisonment 
for not more than ten days, or both, at the discreti(m of the court. For the pi:r- 
poses of this act the following only shall he consiilered game birds: The Anatida% 
commonly known as swan, geese, brant and river and lake ducks; the liallidjc, 
commonly known as rails, coots, and mud hens; the Limicohe, commonly kntnvn 
as shore birds, plover, snipe, sandpipers, tatlers, willets, curlews, godwits, and avo- 
cets; the (iallinaw, commonly known as grouse, prairie chickens, pheasants, sage 
hens, partridges, and quail. 

Penalty for taJdn;/ e(/(/x. 

Sec 2. Any person who shall, within the State of Wyoming, take or needlessly 
destroy the nest or the eggs of any wild bird, or shall have such nest or eggs in his 
or her possession, shall be subject for each offence to a fine of not more than five 
dollars, or imprisonment for not more than ten days, or both, at the discretion of the 
court. 



Siorx INDIANS OF PINK HIlKiK AdKNCV. S. I»AK. 1 ()'.» 

Itiiis not Oli/il;/ tu nlntnt. 

Skc. .S. Sections 1 ami 2 of this act sliall nut apply to any pert^on hoMinjr a cfitili- 
catc f.'ivinj: the ri>rlit to tai<t' hinls, their nests an<l ejrg*^, for scientific purposes, as 
pruviilt'il ii)i- ill section 4 ol tiiis act. 

\Vh.><tU,„r,'<l I., kUI—\Vh,,i. 

8ec. 4. Certificates may lie iininteil liy tlie su|ieriiiten(lent ni piiMic instruction to 
any properly accrediteil i)ers(.n nf the a^'e of (ifteen years or upwanls. perniittin<r the 
holder thereof, to collect l)irils, their nests or ej^jrs, for strictly scientilic jiurposes 
only. No such certificate shall lie i.^sued until the ai)|ilicant therefur shall have tiled 
uitii the said supi-rintendent of pulilic instruction w rittt'U testimonials from two well- 
known scientific men or t'ducators, cerlifyiuL' to the ^'ood charactei' and fitnes.s f)f 
said ajiplicant to he entrusted with such privilcire. Said apjilicant nmst file with 
said persons orotiicers a projierly executed hond. in the sum of two hundred dollars, 
sijjrned by two res|)onsil)le citizens of the State as sureties. This Itond shall he for- 
feited to the State, and the certificate hecome void, upon proof that the holder of 
.such certificate has killed any hirds or taken the nest or eirys of any l)ird, for other 
than the purposes named in sei-tions 15 and 4 of this act, and shall he further subject 
for each offence to the penalties provided therefor in sections 1 and 2 of this act. 

Time rl(jlii t<i kill tjooil for. 

Sec. o. The certificates authorized by this act shall lie in force for one year only 
from the da*^e of their issue, and shall not be transferal)le. 

117/'/^ f/inls exempt. 

Sec. 6. The English or European hou.se sparrow {Passer (lomcsticus) and ma<.'pies 
are not included among the birds protected by this act. 

Repeal. 

Sec. 7. All acts or parts of acts inconsi.«tent with thi.s act are hereby repealed. 
Sec. S. This act shall take effect and be in force from and after its passage. 
Approved February 14, PIOl. 

CHAFrEROL'. 

(House Bill No. 94.) 

PROTECTION OF PHE.\S.\XTS. 
AN ACT for tlic protection of certain fjinne birds. 

Be it enacted by the le(jislntiiir of tlie State of Wi/nming: 

Section 1. It shall be unlawful for any jierson or persons to kill, net, or trap 
within the State any Mongolian phea.sant until the 1st day of September, 19()t). 

Si-;c. 2. Any [lerson who shall violate any of the provisions of this act .shall be 
deemed guilty of misdemeanor, and upon conviction thereof shall be fined in any 
sum not less than ten nor more than fifty dollars, together with costs of suit, ami 
shall be prosecuted and punished in the same manner as in other case< of misde- 
meanor. 

Sk( . .'5. This act shall be in force from and after its passage. 

Approved lM'l)ruary Pi, l!i(il. 



I'kpautment of .FrsTici:, 
W'axliliii/toii, I). C, Jaiiiiarji II, JOO/,. 
Sir: llel'erriug to my letter of Iteccmber L'l', PHK5, in regard to the recent trouble 
between Indians and whites in Wyoming, 1 have to say that a letter dated the 22d 
ultiiiKj has been received from United States .Attorney Timothy F. F.urke, at Chey- 
enne, Wyo., inclosing a co|»y of testimony taken at Pine Kiilge Agency, in which the 
statement of Agent Hrennan is signed by him, and re(|uesting that tiie copy forwarded 
with his report (which copy was inclo.^ed with my letter to you of i)ecember L'L') In- 
returned to him, in order tiiat his files in the matter may be Complete. 



110 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

I send you herewith the inclosure of Mr. Burke's letter, with the request that, if 
convenient, you return to him the copy of testimony formerly sent you. 
Respectfully, 

H. M. HoYT, Actliifj Attorney-General. 
The Secretary of the Interior. 



E.YHIBIT No. 1. 

Department of the Interior, 
United States Indian Service, 
Pine Ridge Agency, S. Dak., September SO, 1903. 
The following-named Indians given permission to be absent from this reservation 
for a period of sixty days. Object of visit, gathering berries, roots, and herbs: William 
Brown and wife. Charging Wolf and wife. Broken Nose and wife. White Elk and 
wife, Jessie Little War Bonnet, Iron Shield and wife, High Dog and wife, He Crow 
and wife, Fool Heart and wife, Red Paint, Last Bear and wife, and Chief Eagle and 
wife. 

J. R. Brennan, 
United States Indian Agent. 



Exhibit No. 2. 

Department of the Interior, 
United States Indian Service, 
Pine Ridge Agency, S. Dak., October ^0, 1903. 
Permission is given the following-named parties to be absent from. this reservation 
for a period of fifteen days for purpose of visiting the Black Hills and vicinity. 
Object of visit, gathering "herbs, roots, and berries: Chas. Smith and wife. High 
Whiteman and wife, No Two Horns and wife, Grey Bear and wife. Good Wing and 
wife. Black Kettle and wife, Good Voice Flute and wife. Rattling and wife, Peter 
White Elk, and Lone Hair and wife. 

J. R. Brennan, 
United States Indian Agent. 



Pine Ridcie AciENCv, S. Dak., November 28, 1903. 
Statement of John R. Brennan, United States Indian. Agent. 

John R. Brennan, being first duly sworn, dejjosesand says: 

Questions by Timothy F. Burke, United States attorney for the district of 
Wyoming: 

Q. What, if any, official position do you hold under the Government? — A. United 
States Indian agent, Pine Ridge Agency. 

Q. What do vou know, Mr. Brennan, of two companies of Indians leaving the 
reservation, of w'hich you have charge, the one in September and the other in October; 
the one headed by a"man by the name of Smith, and the other by a man by the 
name of Brown, and state fiilly how they came to leave your reservation? — A. On 
Septend)er oO, 1903, i issued a permit for a period of sixty days to William Brown and 
party to be absent from the reservation for the purpose of visiting the Black Hills 
and vicinity, and for the purpose of gathering herbs, roots, and berries. It was 
understood when I issued the permit to Brown that he w^ould leave the reservation 
about October 15, as soon as the party was at liberty to go. This party was com- 
posed mostly of old people. Again on October 20, 1908, I granted a permit to Charles 
Smith and a small party to visit outside of the reservation in the Black Hills and 
vicinity, for the purpose of gathering herbs, roots, and berries. 

Q. Have you copies of those permits? If so, produce them. 

( Witness here produces copies of permits, which are so identified and are attached 
hereto, denoted respectively, Exhibits No. 1 and No. 2. ) 

Q. You may state whether or not the individuals wdio were permitted to leave the 
reservation are correctly named in these permits? — A. Yes. They are correct. 



SIOUX INDIANS OF PINK RIDGE AGENCY, S. DAK. Ill 

Q. You may state if you know if these people, named in these permits, all went 
or not. — A. I could not say as to that. I know from information gathered after- 
wards that a hnv'e jiortion of them went. 

(2- What is your knowle<l<:e as to if any more went without i>ernnssion'.' — A. 1 
don't know that anyone went except those who had pa.-^ses. 

Q. What is the fart a.s to wiiether or not it has l)een customary to leave the rc-^er- 
vation on similar jtermits, for the i)uri)Oses name<l in the permits nund)ered No. 1 
and No. 2? — A. It has always been customary, as lon^' as I have l)een here, to ^rant 
permits ahout that time of year to visit other reservations, and to visit outside of 
their own reservation for the purpose of visiting their friends, and for the purjioses 
nameil in tho.<e permits. 

(i State fully what, if any, knowledge you had of any intention of any of these 
Indians named of going to Wyondng for the ])urpose of hunting. — A. I have no 
knowledge whatever of any intention on the jiart of the Indians to go to Wyoming 
to hunt. Furthermore, I made it a special jwint to caution all Indians going througli 
Wyoming ami Montana, not to hunt while on their triji, and if they wanted to hunt, 
the proper course was to get a jiermit from the i>ropi'r f)tHcers. 

<2. Were you personally ac(iuainted with tliis man. Smith, to whom the permit 
was grante<r.' — A. 1 was. 

(i. What was his knowledge and understanding of the English language, and what 
was his ability to conduct a party under the laws of the State? — A. He talked the 
English language fairly well. As to his understanding of the language 1 can not 
state. He had always lived on this reservation since his return from school at Car- 
lisle, and had very little intercourse with whites, and, in my opinion, didn't know 
very much in regard to the customs and laws governing States, counties, and cities. 

Q. And what is true as to the man Brown, to whom you granted a permit? — A. 
The same statement would apjtly to Brown. 

Q. What was true as to these other Inilians named in the two permits in this 
respei't?— A. Outside of Brown's wife and Smith's wife and one Indian girl named 
Clear, I don't know of any others who talked English or understood it. 

Q. Were you at home on the reservation during the months of October and Novem- 
ber? — A. Yes. 

Q. When, if at all, <lid ynu hear of any trouble hap|n'ning to either or both of these 
parties in the State of Wyoming? — A. On November 1, 1903, I received a telegram 
from Nichols, dei)Uty sheriff of Weston County, which read: 

"Your Indians fatally wounded our sheriff and killed one man yesterday. Have 
some Indians under arrest here. Please come at once. Three Indians killeil. 

"Nichols, Ihputii Slu rif.'' 

This telegram was dated Novendjer 1, UfU.S. 

On November 2, 1903, I received a second telegram from Newcastle, Wyo., dated 
Novend)er 2, reading as follows: 

"Sheriff ^filler and deputy "attempted to arrest Indians on Lightning Creek. 
Inilians tired, killing sheriff and one deputy. Fight ensued. About 2(» Indians 
have been killed, and posse pursuing more. Have some Indians here. Would like 
to have you come and take them. More trouble expected. 

"A. .M. SicHOhi^, Depiitji tSherif." 

Innnediately after receiving these telegrams I telegi'aj)heil the Indian Department 
the c'ontents of these telegrams received from Newcastle, and asking instructions as 
to whether I slxjuld go to Wyoming with an interjin'ter. The Commissioner rejilieil 
to take an interpreter and go to Newcastle. I left the agency at 10 o'clock that 
night for the railroad — that is, on the 2d. 

(^ Proceed, Mr. Ibennan, if you will, and state as briefly as po.>Jsible, when vou 
reached Wyoming, as to what you a.scertaine<l and did as to the matter in hand. — 
A. I reached Newcastle on the afternoon of the 4tli, and there I fouml a party of old 
Indians, men and women, to the niunber of S, who had been arn-sted by the sheriff 
about the 23d of October. They ha<l lieen held there from October 23 tii November 
4 without comjilaint or process. On learning the condition of affairs I demanded 
their relea.se. After a conference with the county oflicers and other oHicers tliere 
they agreed to turn this j)arty of Indians over to me, and they were turned over on 
the morning of the oth. I innnediately starte<l them for home. These Indians, 
however, were not of the Smith or Brown jiarties, nor connected with them in any 
way. They were on their return from a visit with .^onie of their friends at the Crow 
Agency. Five of the party were between the ages of (i.'i and SO years. 

C^. What, then, if anything, diil you do in respect to the I'rown and Smith ]iar- 
ties'.' — .\. I made an investigation, .so far as I could with the limited time at mvdis- 



112 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

posal, a full report of which has Ijeeu 8ul)mitted to the Indian Department. When 
at Newcastle, on the evening of the 4th, I was informed that a party of 9 Indians, 
supposed to be a part of the Smith and Brown parties engaged with the sheriff, were 
arrested in ?xlgeniont, S. Dak. I immediately took train for Edgemont. Interviewed 
these 9 Indians under arrest; became satisfied that they were innocent of the charge 
of murder, and demanded of the governor of Wyoming their release, which 
demand was refused. These 9 Indians were afterwards turned over to the sheriff of 
Converse County, charged with the murder of Sheriff Miller, and taken to Douglas, 
Wyo. I was present at their preliminary hearing, which resulteil in their being dis- 
charged and my returning them to their homes on the reservation. 

Q. Mr. Brennan, had you been informed of any of your Indians violating the laws 
of the State of Wyoming? If so, what would have been your duty, and what would 
have been your course? — A. My duty would have been to at once take notice of the 
notification and immediately take steps for the return of the Indians to the reserva- 
tion, which I would have undoubtedly done, by sending two or three police to bring 
them home. 

Q. Did you receive any other notification, other than those telegrams already 
referred to by you and embraced in your testimony? — A. No, sir. 

Q. If there is any other matter you desire to state in connection with this matter 
you may do so here. — A. In connection with the release of those parties I found in 
Newcastle under arrest, and for the purpose of showing that the Indians to a certain 
extent were persecuted: On the release of these people the chairman of the l)oard of 
county commissioners of Weston County signed and handed me a statement to the 
effect that these Indians had not violated any of the laws of the State, that there 
were no charges against them, and that they were peaceable; and in that statement 
they requested the people of Wyoming to treat them kindly on their way home. 
This written statement I have already submitted to my Department. 

John R. Brenn.^n, 

United States IndUtn Agent. 

Subscribed and sworn to before me this 28th day of November, 1903. 

[seal.] F. E. McIntyre, 

jSfutary Piihlic, Shannon County, S. Dak. 

My term expires Novend:)er 8, 1905. 

Pine Ridoe Agency, S. Dak., Nocember 30, 1903. 
Statement of He Crou: 

He Crow, being first duly sworn, deposes and says: 

Questions by Timothy F. Burke, United States attorney for the district of Wyo- 
ming: 

Q. State your name. — A. He Crow. 

Q. How old are you? — A. Sixty-six. 

Q. You are an Oglala Sioux?^A. Yes. 

Q. Living on Pine Ridge Reservation? — A. Yes. 

Q. Did you go to Wyoming in October? — A. Yes. 

Q. Whose party did you go with? — A. With William Brown's party. 

Q. Did your wife go with you? — A. Yes. 

Q. Any children? — A. No. 

Q. How did you go; in your own wagon or with some one else? — A. I went in my 
own wagon. 

Q. What did you go for? — A. That fellow said he had a pass; he wanted me to go 
with him to get some medicine, herbs, roots, and berries. 

Q. Wtiat did you want the herbs for? — A. You take the Imlians — they have cer- 
tain kinds of roots that we have to go away to get. We take those roots and make 
tea out of them, and drink it for some sicknesses. 

Q. Are you in the habit of going every year? — A. No. 

Q. Not every year? — A. No; this is my "first tri]>. 

Q. Are some of the Indians in the habit of going every year? — A. Yes; they go 
u]) there every year after those herbs. 

Q. Did you take your gun with you? — A. Yes. 

Q. Why? — A. I took my shotgun, in case we ran across any prairie dogs or prairie 
chickens, I would take a shot at them. 

Q. Some of them took their rifies, did they nut? — A. They may have had guns, 
but I don't know. 1 know I had one. 



SlorX INDIANA OF riNE KIDGE AGENCY, S, DAK. 118 

Q. Did ynii shuot any antelo|)t' or (k-t-r? — A. No. 

i\. Did some of tho party .^^lioot any t'lk or <Uht or autclopi'V — .\. 1 will answer 
tliat i|Ut'stion in this way: I ilidn't see any of tlie Indians shoot any game, l)nt I saw 
some of the white men liave deer meat, and some of the Indians woultl jro there and 
trade tlieir hlankets and lu-adwork for this dt-er meat, as well as siiee|i meat, w hicli 
they l)ou>:ht from tlie rattle and slieej) men. 

Q. How many antelo|)e and deer hides did you t;et? — .\. Of course. I don't say 
how many hides thi-y ilid huy from the uiiite people, but tlu'y did huy some. I 
won't stati- any nund)er. 

(2- You knew of the Indians shootinjr deer and antt-lopi-, did you not'.' — A. I know 
of some Indians .«hootint: some deer about two years ago. 

Q. Did they not shoot some deer tliis year'.' — .\. No. 

(i. Any antelope'.' — A. There is no antelope in that country. 

(.}, .Any elk'.' — A. No; I didn't see any of them. 

(}. Did you meet any white men who ol)jected to your sliooting game in Wyo- 
ming'.' — A. No one said anything to us. 

Q. Were you jiresent when ."^herilf Miller met you ami wanted you to go to New- 
ca.«tle with him'.' — A. It was just like this: all the old Indians could not understand 
English. He did all the talking with unv man, and we liithi't know wliat he said. 
We just waited to hear. 

il. Who was the man to whom he did all the talking'.' — A. William Brown. 

i^. Didn't he tell you what he wanted at the time'.' — A. Yes. 

il. What did he say that .Miller wanted'.' — .\. William said he bail already given 
liimself up to that man, and he wanted us to do that also, and we said "Yes." 

(I. What did this man want of you'.'— .\. He didn't say what he wanted us for, 
and he didn't show any papers of any kind. 

Q. What ditl William give himself uji for'.' — .\. William saiil lie didn't know w hat 
this man wanted, but he e.xpected he wanted us to get out of the State of Wyondng. 

<^ Didn't be tell you he wanted you to go to Newcastle'.' — A. No; he didn't say. 

t^ Did you go with the man'.'— A. Do you mean start off with him'.' 

'^ Yes. — A. No; he didn't say anytliing to us about going. 

Q. Wl;y diibi't you go to Newcastle with .Mr. Miller'.'- -.\. Of couj-se, all I know 
about this is jusl what I heard. If he liad asked us to go to Newcastle with him, we 
would have went, but be just said he would be back the next day. 

<i. Did you .«ee tlie man next day'.' — A. Yes. 

(]. Where did you .see him next day'.' — A. Of eour.se w bite men and Indians have 
different names for different ])laces and things. We met him on the creek where 
there is a l)ig wire fence. 

(2- When was it'.' — A. Do you mean by the sun'.' 

(]. Yes. — A. Of course I don't know what time it was by white men's time, but 
the sun was getting low. 

(2- That was tin- lirst day after you met him'.' — A. Yes. 

i}. Did you see .Mr. .Miller and know who he was before the shooting began'.' — A. 
Of course we didn't know whether he was an olHcer or not, but we thought he was 
some kind of an officer, and we were coming along the road ex])e(ting to meet him. 

Q. Did you see Mr. .Miller and know he was the same man as the man w bo met 
you before the shooting commenced'.' — A. Yes. 

t^. What did he .«;ay to you before the shooting conmienced'.'— .\. He didn't say 
anything. 

i.1. Where were you in the Indian |)rocession'.' — .V. 1 was in the rear. I was the 
fifth man from the rear. They were all strung out for (juite a distance from where 
we were. 

<2- Do you know who did the first shooting'.' — A. Do you mean Indian'.' 

(2- Yes. — A. I didn't know w ho did the shooting, but I saw a girl go u|> to a gate 
and then she came back, and when she came back tfie shooting took place. She 
claimed that the gate wa-s already open, but 1 don't know myself: it is just w hat the 
people told me. 

(i. Did you do any shooting? — A. No. 

<2- Where <lid the first shot come from— the Indians or Ihe white men'.'- -A. The 
w bite men. 

<2. Dill you si'e it'.' — A. 1 know that the white men were all coming up and wi-re 
shooting, .so I just went back as fast as my horse could take me. 

<2- lb>w far were you from the white nien'.'— A. Close to three-<|uarters of a mile 
l)ack of the tiring line. 

Q. Then you could not see who tired the lirst shot'.' — .\. I coidd feel the l>ullets 
coming by. I can hold up my hand to the Hreat Spirit and say that all llu- bullets 
came from the white men. 

S. Doc. 12S 8 



114 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. Do you know that it is against the law for an outsider, whether he is an Indian 
or a white man, to shoot game in Wyoming without a license? — A. I don't know 
that. 

Q. It is against the law for anyone living outside of the State to shoot any game, 
such as antelope, deer, elk, and animals of that kind, and birds, such as prairie 
chickens or other birds of that kind, unless he has a license from a justice of the 
peace. Will you bear that in mind, and tell your friends, so they will not get into 
trouble again when they go through Wyoming? — A. Yes. 

Q. That is all. 

He (his X mark) Crow. 

Witnesses to signature by mark: 
A. M. Landman. 

F. C. (lOINGS. 

Subscribed and sworn to before me this 30th daj^ of November, 1903. 
[seal.] F. E. McIntyre, 

Notary Public, Shannon Conntij, S. Tkih. 
(My term expires November 8, li>05. ) 

Pine Ridge Agency, S. Dak., 

November 30, 1903. 
Statement of Iron Shield. 

Iron Shield, Ijeing first duly sworn, deposes and says: 

Questions V)y Timothy F. Burke, United States attorney for the district of 
Wyoming: 

Q. State your name? — A. Iron Shield. 

Q. How old are you? — A. Fifty-one years old. 

Q. You are an Oglala Sioux? — A. Yes. 

Q. Living on Pine Ridge Agency? — A. Yes. 

Q. Did you go to Wyoming last month? — A. Yes. 

Q. What for? — A. I am an Indian doctor and I went up to get some roots and 
herbs for my patients down here. 

Q. Who (lid you go with? — A. There was quite a few of us. 

Q. Who was the head of the party? — A. William Brown. 

Q. Did you meet any other party in Wyoming? — A. Yes. We met another party. 

Q. Whose party? — A. Charlie Smith's. 

Q. Did you do any hunting there? — A. We took some shots at prairie dogs, prai- 
rie chickens, and rabbits. 

Q. How many elk did you shoot, and antelope? — A. We didn't shoot any. 

Q. Did any of the party shoot any antelope? — A. No; I don't know of any. 

Q. Did you have any antelope hides or meat? — A. Yes. We bought that from the 
men up there. 

Q. How much did you buy? — A. Take it up there, the country is pretty well set- 
tled, and I don't know how many they killed, but the Indians traded their blankets 
and Ijeadwork for the hides and meat. 

Q. How many hides did your party get? — A. I didn't ask them, and I don't know. 

Q. Did you go in your own wagon? — A. Yes. 

Q. How many hides and how much meat did yon have? How much did vdu 
have when you "started home? — A. We only had one skin and the meat of one cured. 
That is the only one we bought. 

Q. Who did you buy it of? — A. I don't know. 

Q. Did yon see Mr". Miller, the sheriff of Weston County, and three or four men 
on the day before the shooting? — A. Yes. 

Q. What did they want? — A. I didn't understand what he wanted. I can't under- 
stand English. 

Q. Didn't William Brown explain it to you? — A. I didn't know what those men 
told William, because William didn't tell me anything about it. 

(.1 Didn't they tell you that they wanted you to go to ISewcastle?— A. 1 don't want 
to tell a lie. Tliey didn't tell hini that they wanted him to go to Newcastle. 

Q. Didn't they try to turn you onto the Newcastle road? — A. I was one of the men 
in the rear, so 1 didn't see what' took place in the wagons ahead of me. 

Q. Did you know what Miller was there for?^.\. I was acting as the horse-ranger 
for the whole party, so 1 didn't see mucli of tiiose men and didn't know mucii about 
them. 1 di<ln't know who he was. 

Q. Did the Indians throw any dirt in the air? — A. No. I didn't see anybody do it. 

Q. What would it mean if tliey did? — A. As long as I didn't see anybody do it, I 
can't tell. 



SrorX INDIANS OK I'lXK KIIXiK \(;KN(Y. S. DAK. 1 1 f) 

<.2- 1^ it any si^'ii anion;: the hxlians?— A. Nd as I knnw of. I diiln't sue any of 
tlu> Indians do it. 

il. Did yuiiset'MilU'r many of his lui-n tin- next day".'— A. lU-forc they coninK'nct'd 
firinfr? 

H- Yes. — A. No; I didn't sti' anyone. 

i}. Where were you wlu-n the lirin;r eonnnenced? — A. Do you mean in the Indian 
train? 

(}. Yes. — A. I was ahout in the middle of the train. 

C^ Who lired tlie first sliot? — A. Tlie white men were the ones that diil tlie shoot- 
ing. Thi- Diiiians diihi't do any sho()tin^ at aU. 

(i. They shot after the white men shot, did they not? — A. The minute the lirinir 
started, 1 i)ulleil my team around and started up tlie road. I didn't see any Indians 
shoot. 

Q. Did yon see wluir WUu-k Kettle was? — A. I was way in front of the train. 

(]. How did you know that the white men started the shooting? — A. The white 
men came down into the creek hottom and then tliere was one shot fired; then the 
tirinj; became general. 

Q. Dill you know who they were?— A. Tiiey was in this hollow, so we couldn't 
see well. 

Q. Do you know if they were the same men you met the day before? — \. 1 don't 
know. 

(^ Didn't the white men say something before they shot? — A. No. 

<^ Diiln't a white man hold u\> his hand and tell you to stop'' — A. I dichi't see that. 

(.^ llow many hides did you have in the entire i)arty, that you got in Wyoming? — 
A. I expect they ha<l two or three all the way round. About that. 

(I. Where were you going when you met ^Ir. .Miller and his jiartv the first day'? — 
A. We were on our way home. 

(2. Did you get your horses'.' — A. Yes. 

y. How far did you travel from the time you saw Mr. Miller and his party until 
you met the party that shot at you the next day'.' — A. I am an Indian and" don't 
know anything about miles. 

(I. How lf)ng did you travel lietween those two times? Did you travel all night'.' — 
A. We traveled from the time the white men came to our camp the night before. 
We didn't travel all night. The time we first saw those white men, we made a short 
camp and then traveled the next day. We were just n-ady to go into camp again 
when those fellows took a shot at us. 

(I. You understand that it is against tlie law of Wyoming for an outsider, whether 
he is an Indian or a white man, to go into tliat State and shoot deer, antelope, or any 
other large game without first getting a license. Will you bear that in mind and 
tell your friends aliout it, so they won't get into trouble when they go to Wvoming 
again?— A. Yes. 

<2. Is there anything more you wish to state about this trip? — A. No. 

luoN (his X mark) Shiki.d. 
Witnesses: 

A. M. Landma.v, 
F. ('. ( JoiNos. 

.Subscribed and sworn to before me this :;i>th day of November. HH);-!. 
[seal] F. K. McIntvke, 

Xdtiirn I'lililic. Slimirxtn ('ointti/, >'. Ihik. 
My term I'Xpires Novembci- s, p)().'). 

Tim: Ixiixii-: AiiENcv, S. Dak., 

Xovi'inhn- JO, I'tOS. 

Sidleninil of W'hitr FJh. 

WiirrK Fi.K, being first duly sworn, ilrposes and says: 

(Questions by Ti.motmv F. I'.i hkk. Cnited States attorney for tlie clistrict of 
Wyoming: 

(2. What is your name and age'.' — \. White l-'.lk. Fifty years old. 

C^. You are a memlier of theOglala Sioux tribe, living on I'iiie KidL'c Reserva- 
tion'.'— A. Ye„«. 

(I. Are vou on*- ftf the partv who went with William I'.rowii into WvomiiiL'. l;ist 
October'.'— A. Yes. ■ 

<2. What did you go there lor? — .\. I went uji there to dig some roots and get 
some herbs. 

<2. Did you go to get some deer meat and liide.s? — \. 1 gut some rabbits, prairie 
dogs, and prairie chickens. 



116 SIOUX INDIANS OF PINE IlIDGE AGENCY, S. DAK. 

Q. Didn't you get some antelope and deer? — A. Xo. 

Q. Didn't vou get any antelope or deer — anv antelope hides or deer bides? — A. 
Yes. • . . . 

Q. How many did you get? — A. Just myself? 

Q. Yes. — A. I bought three in all. 

Q. And the meat? — A. Yes; I bought that. 

Q. Did you go in your own wagon? — A. Yes. 

Q. How many liides did you have in your wagon when you left it? — A. I left 
them in the wagon where I left it. 

Q. How many hides? — A. I bought three deer skins and two steer hides. All the 
buckskin and hides I had was marked. 

Q. Did you get the meat from the steers as well as the de(!r? — A. I didn't Iniy the 
meat, just the hides, and they have the l>rands on them yet. 

Q. Why did you buy the steer and deer hides? — A. We take them and tan them 
and then make anytliing we choose out of them. We take what we want and we 
also sell it to other jnirties here. 

Q. Did the Indians shoot anv antelojje? — A. No. 

Q. Bought them all?— A. Yes. 

Q. How many hides did the other Indians buy, and how many antelope? — A. I 
don't know how many they had. I stayed at my lodge all the time. 

<tj- Were you there when Sheriff Miller came and six other men? — A. I saw them 
in the distance. I didn't go near them. 

Q. Did you know why he was there? — A. I didn't know. 

Q. Did you tind out afterwards that he was the sheriff? — A. No. 

Q. Did you see ^Miller trying to head the party toward Newcastle? — A. I didn't 
know anything aliout that. 

(1- ^^'as you present next day when the shooting took place? — A. Yes. 

Q. Where were you when it commenced? — A. There were some wagons ahead of 
me. I was about in the middle of the train. 

Q. Did you see the white men before the shooting t(jok place? — A. Do you mean 
the first time? 

Q. The day the shooting commenced. — A. No; 1 didn't see them. 

Q. Did you know that they were the same men that came to see yon the day 
before? — A. I didn't take any notice of them, so I could not say. 

Q. Did they say anything to you? — A. Do you mean at the time the shooting took 
{)lace? 

Q. Yes. — A. I was away back. I could not tell anything or see anything. 

Q. Who did the first shooting? — A. The white men did the first shooting. 

Q. Did they say anything before they shot? — A. I didn't hear anything. 

Q. Where were Smith and Brown?— A. I didn't take any notice of where they 
were. 

Q. What did >()U do when the shooting connnenced? — A. Just tiie minute the 
.shooting began tJie l)ullets l)egan to come pretty close, so I turned my team around 
and took back the road. 

Q. Did you have your wife and children? — A. Yes. 

Q. How many were there of you? — A. There were three of us. 

Q. How many were there in the whole party? — A. There were over twenty in the 
crowd. I am not sure; I can't think of all their names just now. 

Q. It is against the law of the State of Wyoming for anyone living outside of the State 
to shoot game, such as antelope, elk, deer, etc., in that State without license. Will 
you bear that in mind and tell your friends and acciuaintances, so they will be careful 
the next time they go to Wyoming and not get into trouMe? Tnder the game laws 
of Wyoming it is "uidawful to kill more than two deer, even when holding a license. 
It is unlawful for anyone shooting them to sell them. It is unlawful for any person 
to obtain l)y trade or barter any green hides. So you must be careful when you are 
traveling in Wyoming to follow those game laws, and then you will not get into 
{rouble. 

White (his x mark) Elk. 

Witnesses: 

A. M. L.\NnMAN, 
F. C. GoiNos. 

Subscribed and sworn to before me this .'Wtli day of NovemV)er, 1903. 
[seal.] y. K. McIntyrk, 

Xoliiri/ Piih/ic, Slminion. (hunt!/, ''^- /'"/•'• 
My term expires November <S, li)()5. 



SlOrX INDIANS ()!• I'INK KIIXJK AiJKNCV, S. DAK. 117 

I'im: IviiKiK AiiENcv, S. Dak., 

Xiiri'iiilifr ■!", Ifi'i.i'. 
Stiileiitnil i,f linl J'liinl. 

Kkd r\iNr, beinjr firnt tluly sworn, cleiH)ses and says: 

• ^lU'stions by Timothy F. Bckke, I'nitcd States attonipy for tlu' ilistrict of 
Wyoming:: 

(i. What is your nainc'.' — A. Uvd I'aiiit. 

(2- How olil arc you? — \. F(jrty-six. 

(}. Did you iro to \Vyoiiiin<; last niontii with \\'illiaui llrown's jiarty? — A. Yes. 

(i. J )id you have your wife and children alou^^ witli you'.'- -A. Xo 1 have a wife 
and three children, but I left theui at iioiuc. 

Q. Did yon ffo in your watron or with some one else? — A. Went in my (nvn wajron. 

il. What did you jro to Wyominjr for? — A. William trot a pass, and he wanted me 
to ^o to Wyoming with him to gret some roots. 

(i. Did you do any hunting for antelope while up tluri-?- A. I have licen uji in 
the country before and I have seen those jjarties \\\) there go out and get deer. 

il Did you go up there to get s(»me antelope or deer? — A. As for myself. I killed 
some prairie dogs and some prairie chicUens. 

Q. ilow many antclo]ie? — .V. Some of those white men used to pack deer tons 
whole and sell it to us. I could not tell their names, l)ecan.se I don't sjicak any 
English. 

C^. AVhat did you buy them with? — \. We trailed moccasins, l)eadwork, and 
blankets for them. 

(I. How many antelope did the Indians shoot? — .\. We didn't take any notice of 
them. 

i}. Didn't you shoot more than one? — A. I told you I didn't sh.iot any. I just 
bought mine. Yon are my friend, and 1 would have told you if I killed any. 

t^ How many did you \)uy? — .\. Two; Init 1 could not tell the name of the white 
man because I don't talk English. 

Q. How many hi<les did the Iii<lians get all toM? — .\. I did not go around to many 
of the wagons, so I could not say. 

Q. How many di<l you have in your wagon'.' — A. 1 had six hides in my wagon. 

(l. Did the other wagons have about the same'' — A. 1 will just make a guess that 
the others liad about the same. 

(2- How many wagons were there? — A. Fifteen. 

i.l. Were you there when Sheriff Miller and his party came to your camp the day 
before the shooting took i>lace? — \. \Ve were in camp when si'ven white men came 
and I saw them after tliey came to our camp. Because I coiUd not talk any English 
I stayed back where my camp was. 

Q. Didn't William Brown or Charlie Smith tell you what they wanted?— A. .\s 
for myself, I didn't hear anything. 

(.2- f>idn't yon know what was wanted'.' — .\. No; I didn't know. 

il. Were you not the guide of the ]iarty'.' — \. Yes; 1 was the guide. 

il. When you starteil away you were at the head of the |)roci'ssion? — .\. .No. 

Q. Didn't Miller want you to go up the road to Newcastle? — .\. Before 1 got to 
the forks of the road I saw a man on horseback, lie made some motions to me, 
but what he wanted to .«ay I don't kn(jw. 

(2- Yon didn't take your ]iarty on the road to Newcastle then'.' — .\. 1 stayed there 
until some of the wagons in back came up. They were talking, but 1 didn't uikUt- 
stand what they sai<l. 

(1- Didn't P>rown or Smith tell you what they were talking about? — .\. No; they 
nevt>r said a word to me. 

1^. Didti't they tell you to take the road to Newcastle, or the road to honu'? — .V . 
No; I didn't imderstand anything of that kiinl. 

l^. Was you ]»re.«ent the next day when the shooting took i)lace'.' — A. Yes. 

<2. Where were yon in the i)ro(ession when the shooting commenced?- .\. lam 
not (piite sure. I must have been aliont the seventh from the front. We didn't 
expect any trouble. 

(I. Did you know it was Mr. Miller and the party you met llu'day before".' — A. 1 
didn't know that Miller or any of the other men wt-re there. I didn't know whether 
he was in that gang or not. 

<2- What did he sav when he saw von'.' -.\. I diiln't hear him sav anything. 

ii Didn't he hold up his hand an<'l tell you to stop".'— .V. No. 

<2. indn't he tell you he was the sheriff, and had a warrant for you".'— A. No; 1 



118 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

didn't hoar anything of that kind. I am an Indian, and don't nnderstand English. 
If thoi^e two fellowH had told us about it we would have done <lifferent. 

Q. Did you have your liHe with you? — A. I had an accident with my mm. The 
wagon ran over it, and it wouldn't load, so I left it in the wagon. 

Q. Who tired the tirst shot? — A. The white men tired the first shot. 

Q. How do you know that? — A. The way I know the white men fired the first 
shot is ])ecau.se we saw them. They came down to a little creek and got off their 
horses and began to shoot. We were not expecting these men to shoot, so we all 
took l)ack to the hollow. There was no one st(jod their ground, as I could see. 

Q. Where were Brown and Smith? — .\. I didn't take any notice. All I was trying 
to do was to get away from those bullets. 

Q. Wasn't the first shot fired from the corral close to the road? — A. Xo. There 
were not any Indians there. They were all in their wagons. All the Indians were 
in the road and they had no object in going there. 

Q. Did you see Black Kettle?— A. No; I "didn't see Black Kettle. 

Q. How many shots were fired, all told? — A. They were shooting too fast for any 
one to count, especially when we were trying to get away. There wasn't a man 
there could count the sliots. 

(i. Did you rlo any shooting? — A. I told y(ju my gun was broken. I didn't go 
armed then. I threw away my gun, and after we got down into the hollow another 
fellow gave me his gun. 

Q. Did you shoot? — A. No. That was after we got back to the hollow . 

Q. Now, it is against the law of the State of Wyoming for any outsider, whether 
he be white man or Indian, to hunt for and shoot antelope, deer, elk, or any kind 
of large game without a license. Will you tell your friends that so that when they go 
through Wyoming again they will not get into trouble over shooting game? — A. Yes. 

il. I>id any of your party have a license to hunt? — A. No. 

Red (his x mark) Paixt. 
Witnesses: 

A. M. Laxd.viaxN. 
F. C. GoiNcjs. 

Subscribed and sworn to l)efore me this UOth day of November, 1903. 
[seal.] F. E. McIxtyre, 

Xdfari/ Pith/ic, Slimiiion Omrtli/, tS. Dal: 
]\Iy term expires Novendier S, 1905. 

Pine Ridge Agency, S. Dak., 

November 30, 1903. 

Stdlcmriif of Dorid Ilrokcn Xnxc. 

David Broken Nose, l)eing first duly sworn, deposes and says: 

Questions by Timothy F. Burke, riiited States attorney for the district of 
W^yoming: 

(J. What is your name and age? — A. David Broken Nose; .'!2 years old. 

Q. You are an Ogiaia Sioux, living on Pine Ridge Reservation? — A. Yes. 

Q. Did you go to Wvoming last month with William Brown and his i)artv? — A. 
Yes. 

Q. What di<l you go for? — A. William got a pass and asked me if I wanted to go 
with him. I said all right, 1 would go with him. 

Q. What was he going for? — A. He asked me to go up with him to get some roots 
and herbs, and we could get some prairie dogs and chickens and sheep meat. When I 
went back east with the show, 1 saw the white jieople. I wanted to live like the 
white men, so I came back and joined the jxilice force. I was on tlie force for four 
years. I want to abide by tlie laws of the white men. That is why 1 try to dress 
like a white man and keej) my hair short. I always try to follow the white man's 
advice. I have always tried to abide by the agent's instructions, and I have children 
scattered around at the schools. But I met some white pco])le above here who were 
not my friends It is just the same as if they slapju'il me in the face tlie way they 
treated me up there. 

<J. The authorities in Washington want to know just what occurred in Wyonung 
and just what they did to you while there. Were you present when Sheriff Miller 
and st)me ukmi came to your cam[i, the day before the shooting took i)lace? — .\. Yes. 

(I. What did Sheriff Miller and his men want? Did you find out? — A. 1 didn't 
uiKlerstaud. I can tell everything just how the thing took place. I have had it in 
niv mind all the time. You have come here to lu>ai- it, and I will tell von just how 



SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 11*> 

it hai)peue(l. There were sevt'ii nu-ii tlu'ic. Tlu-y tliWii't havi- any >:uiis. Tht-y 
scattt-n-il tlu'iiiselves ainoufr the' iaiii|i8. Tlu'y had tlii'ir im-al at William I'lruwii's 
I>lact'. ami tlu-y wt-ri' iilayinyr with tlii' l)oys. Thi' hoys had soiiii' hows ami arrows, 
ami the im-n were hel|)iii^ the in.ys shoot the hows and arrows, ami playinj: witii 
them. I wascaniited (piite a ways from Charlie Smith, and J saw all those mi-n stand- 
ing' aronnd the Hre, so I made up my mind to jjo over and find out w hat they were 
talkini; ahout. Just as I <rot to where they were, they took down the tent and started 
to move, .<o I went haek to camj) and pulled down my tent. I was in the middle of 
the train. Those men followed ri^dit alonjr with us and after awhile they left us. 

t^. I»id they t«'ll .'-^mith tiny wi-re there with a warrant and wanted you to go to 
N\'Wi'astk'? — .\. Charlie Smith didn't .<ay a wonl to me. 

(^ Didn't William I'.rown ti-li you".'— A. No; I don't understand Knglish, so I don't 
know what either of them were talking ahout. 

Q. Didn't they have a paper'.' — A. No; I didn't see it. 

(j. Didn't they try to head you off onto the roatl to Newcastle'.' — A. No; all the 
other wagons were ahead. 1 was in the middle and don't know what took place up 
in front. 

<^ When Miller came was Smith there'.' — A. The white men were there hefore 
Charlie came hack. Charlie was out to find horses. The men waited until Charlie 
came hack. 

(2. Did Charlie have an antelope on his sa<ldle'.' — A. I can not .say, l)ecause he was 
out of my sight. I was campe<l about half a mile from his camp. 

(1- How many anteloi)e tlid the Indians shoot while in Wyonung'.' — A. I don't 
know. 

i-l. Did they shoot any".' — A. I don't know anything al)out that. They killed .«ome 
prairie dogs and prairie chickens and I did the same thing. 

(2. Did you huy any meat or hide.<' — A. 1 didn't huy any my.^elf. 

(}. Did the others".' — A. Yes; they told me they bought it. I didn't .«ee them 
bring it. There were a lot of sheepmen and cowboys, and they got it and traded 
w ith us. 

<^ How many hides did you have in your wagon".' — A. I told you I didn't buy 
anything. 

il. Did you notice any hides in the wagons of the otluT Indians".' — A. Yes; I .«aw 
some. (_)f course, 1 could not be able to tell where they bought those hides. I didn't 
ask them where they got them. If a young man like me shoulil ask an old man 
where he got his hides he would tell me to mind my own business. 

• 2. How many hides did you ,<ay there were in the whole party'.' — A. I didn't 
count them. 1 don't like to make a gue.<s. 

<^. Were there 40 or oO of them in the whole i)arty. — A. I should guess about 80. 

<^ Did Smith's or I'irown's party have the most hides'.'— A. Charlie Smith had the 
most. 

(I. Where did you meet Charlie Smith's party'.' How long before the party was 
met by the sheriff'.' — A. It must have been two or three days before we met tho.se 
seven men. 

(I. Were you ]iresent when the shooting took place the next day".' — A. Yes. 

(i. Who dill the Hrst shooting, the Dulians or the white men'.' — A. I have lieen 
anxious to tell you about that. 

il. Tell all you know, and just how it occurred. — A. We were coming along the 
road. It was pretty rough there, and the men were all driving and the women were 
walking. Al)out noon we made camp and had dinner. We started after noon, and 
followed the little creek. The road was ])retty bad in some I'laces, and we had a 
pretty hard time g«'tting along. At last there was Ime jilace that was scj bad we had 
to doul)le u]i to get the wagons out. We got out of that tinally, and when wi- looked 
ahead we saw those in the lead going at a pretty good trot. There was a bunch of 
horses in the lead. The Indians were ^oing down to the cro.^'sing when I .siw those 
white men come up on horseback. Bef(jre the Indians could get to the creek the 
white men got there Hrst, and they came up on tliis side and left their horses on the 
other side of the creek, and just the niimite I looked again, I saw tlu-m throw up 
their guns to fin". I saw them fire, and then 1 turned my horses liack and lit out as 
fa.^t as I could go. 

(l Where were yon in the procession'.' — .\. 1 was about in the lenter. All the 
other wagons in front were pretty well in the leail. The rea.son we were not closer 
was because some of our wagons got stuck. ( )ne of the youuL: men hollered: "Turn 
round! tm-n roinid! those men are going to shoot." 

<2. ^^'ho lired the (irst shot'.'— .\. The white men did the lirst shooting, because 
the minute the white men shoot I turned my team. I can't see any other way but 
the white men did the lirst shooting. 



120 SIOUX INDIANS OF PINE RIDGE AGENCY, S, DAK, 

Q. Did you <lo any shooting? — A. No; I didn't shodt. We didn't expect any 
trouble from thoi^e white men and we had all our guns in the bottom of the wagons. 
We didn't feel or dream that they were going to shoot us. 

Q. Did you know that they were the same men you met the day before? — A. It 
was too far for me to see. 

Q. Were you ex])eoting them? — A. No; you can just judge for yourself. If some 
one shot at you when you were not expecting any trouble, you would dig out as fast 
as you could go. 

Q. Did you leave your wagon and horses back there? — A. That was the first time 
I was ever shot at. I was too young to go on the war path when the Indians used to 
go. I thouglit I was shot, and dreaming that I was dead, and still going. I am 
scared yet. 

Q. Do you understand that it is against the laws of the State of Wyoming for any 
outsider to hunt antelope, deer, elk, and other large game, whether Indian or white 
man, unless he has a license from a justice of the peace? And will you tell your 
friends, so that when they go through Wyoming again they will not get into 
trouble? — A. I would like to tell you another tiling, just to show you that if we wanted 
to fight the white men we had plenty of chance. We were going on to Hat Creek 
when we met a party of white men. They stopped us and shook hands and took us 
to a house. We were trying to get out the best we could; if we wanted any tnmble 
we could have had it then. They took us back to Edgemont and put us in jail. 

Q. That was after you got out of Wyoming? — A. I don't know what State. 

Q. That was after the shooting? — A. Yes. 

Q. It was before you were taken to Douglas? — A. They took us down to Edgemont 
and from there they took us to Douglas. My wife gave birth to a child three or four 
days before the shooting took place, and she was compelled to ride horseback all the 
way after the shooting. It was very bad for her. I don't lielieve the child is going 
to live, and my wife is not very much better. The child was handled very roughly 
on account of being on horse! )ack. That was very bad for the child. 

David (his x mark) Broken Nose. 

Witnesses: 

A. M. LanDxMAn. 
F. C. Goixcis. 

Subscribed and sworn to before me this 30th day of November, 1903. 
[seal.] F. E. McTntyre, 

Xotdi'ii Fiihllc, Shannon ConnU/, S. Dak. 
My term expires November 8, 1905. 

Pine Ridcje AiiENCv, S. Dak., 

Xoceinber oO, 1903. 
Statement of Fool Heart. 

Fool Heart, being first duly sworn, depo.ses and says: 

Questions by Timothy F. Burke, United States attorney for the district of 
Wyoming: 

Q. What is your name and age? — A. My name is Fool Heart. I am 58 years old. 

Q. Are you an Oglala Sioux, living on the Pine Ridge Reserve? — A. Yes; I am an 
Oglala Sioux. 

Q. Did you go to Wyoming in October with William Brown's party? — A. Yes. 

Q. What did you go' there for? — A. As for myself, I was going to kill some prairie 
dogs and prairie chickens. I had a shotgun. 

Q. Did you have a rifle? — A. Yes; I had a big rifie. 

Q. Did the other Indians have rifles? — A. Yes; they all had guns. 

C^ You went down there to hunt antelope? — A. Yes; I went down to get some deer. 

Q. Did you shoot any deer? — A. 1 killed two. 

il. Did the other Indians kill any deer or antelope? — A. No. There was no black- 
tail or elk; at least 1 didn't see any. 

Q. Were there any antelope? — A. No. 

Q. Did you buy any antelope or deer? — A. Yes. 

Q. How many did the Indians buy? — A. 1 could not say. 

C^ Did you buy any? — A. 1 liought three; I had fivi' in all. (Jot two from the 
ones I killed. 1 bought two and I jiicked one up at a sheep corral. 

Q. AVhat did you do with tlie deer?— A. You mean the deerskins? 

Q. Yes; and the meat? — \. We eat the meat; we tan the skins. 

Q. Don't they give you enough meat here so you don't have to go off to get it? — 
A. For myself, 1 get enough to eat. There is only myself and wife. 



Slorx INDIANS OF I'INK HIIXIK AdKNCY. S. DAK. 1 iM 

(^ Whv ilo vdu ^'11 (iff till- ifscrvatiuii to ^'i-t iiicatV— A. As for myself, my eyes are 
not VL'ry pioil; ami I will tell \ou aiiotlit-r reason why I went nji there: I went toiret 
some roots and berries for medicine and to jret some jirairie do;rs and prairie i-hickens 
and other small birds that fly in the air. I <ret tliose birds to mak.e arrows and .<ell 
them. .\nil there is some kind of dirt u\> there that we make paint out of. 

(.2- Ho yoii know it is a<rainst the law of Wyomimr for an ontsider to shoot deer or 
antelfipe without a lieense? — A. I diiln't kill any deer in Wyomiui.'. The deer 1 killed 
were just outside of the ftiothills of tiie Ulaek Hills. 

l^. That does not answer the (juestion. Do you understantl that it is ajrainst the 
law to kill deer in Wyominjr? — .V. As for my.«elf, I don't iniderstand the white men's 
law: that is why I killed tho.<e two. 

(I. Were you there at the time Sheriff .Miilerand liis men came to yoiircamp liefore 
the shootinij'.'— A. Yes. 

(i Did you know what Sheriff Miller was there for? — .^. No; 1 didn't know. 

(J. Didn't William I'.rown or Charle-* Smith explain what they wanted? — A. I 
didn't hear anything' from those two fellows. 

Q. Did they have any ]>a|>ers or read any papers to IWown oi- Smith? — .\. 1 was 
i|uite a little ways from those people who were talking to Smitii and Drown. I 
(lidn't tro up there myself, because I was tired. 

il Were you present when the shootin>jr occurred the next day. and where were 
vou'.'--.\. I was (|uite a ways back. I was driviuir an old mule and the nude i)layed 
out on me, and 1 must have been about a mile btdiind the rest. 

(,}. Did you see any shoirtiiiir? — A. No; 1 just heard the rejxirts. 

tj. Youdon't know who conMnence<l if.* — .\. ^Vllile I was still in tiie rear the 
lieo])U' rusheil by me and said. "'The white men are shootiut: at us." That is all I 
know. 

Q- IMd you leave your wa^ron there and come home ()n hor.-ieback'.' — A. I left my 
team. I liad a horse and a nude; the mule played out. I left the team there, put 
my wife on another horse, and started liouu' afoot. 

• ^ Did you f,'et your wajrou an<l hides afterwards'.' — .\. .No. 

<^ What do you do witii the hides when you ,>ret tiu-m that way".' — -\. Make 
moci'asins out of tlu'Ui. 

(^ Don't von ^et hides enouLdi on the reservation to make moccasins? — \. 1 don't 
know of there beiufi any deer around here. 

<i. Then yon don't jret enouirh? — A. No. 

(}. It is against the law of Wyomimr for an Indian or a white man to shoot deer, 

antelope, or any other large game in the State without a license, and it is against 

the law for anyone to sell any raw hides of these animals. Do you understand that, 

1 and will you tell your friends, so that when they want to go to Wyoming again they 

• won't get into trouble'.' — A. Yes. ("an I say some more? 

(.^ Yes. — A. I always like to listen to the ail vice of the white men as well as to 

the agent of the (ireat Father. On the way back we met some men that wanted our 

, guns. I turned my gun right over to them. When 1 turned my gun over to them, 

; I didn't know whether they had any right to take oin- guns or not, but I gave up 

my gun because I didn't want to tight. 

Fool. ( his X mark i 1 1 1: aut. 

Witnesses: 

A. M. Landman. 
F. C. GoiN<;s. 

Subscribed and sworn to before me this :!(ith day of November, IHOS. 

[sK.u,.] F. K. MtlxrvHK, 

Xiit'iri/ J'lihllr. ShitiDitDi Cointli/, S. Dnh. 
'!My term expires Novendjer S, 1905. 

I'iNK IIIDCIC .VoKNCV, .S. DaK.. 

Xnninliic ■>'". r.iii.;. 
J Sldlrnirnt nf II'kjIi D'xj. 

Hioii Do(;, being first duly sworn, ileposes an<l .says: 

(Questions l)y TrMornv F. l'>ri<Ki:, r?iited States attorney \>'V \Ui- di-trict of 
Wyoming: 
(^ Wiiat is your name and age? — .\. High \hi<^; 4S years oM. 
<2. You are an Oglala Sioux, living on i'ine Ridge Reservation'.' — A. Yes. 
(I. Did you go to Wyoming in October with William Brown's party'.' — A. Yes. 
il. What did you go for'.'— .\. I went there with the intention of i:etting some holy 
leaves ami roots; that is what I Inul in my uund when I left hcie. 

(.2. Did you take your gun; yoin- rifle? — \. I took my gun, Imt I only liad live 
tartridges. 



122 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. Did the Indians shoot any deer or antelope? — A. I don't know about the rest 
of them. If they shot any, I don't know. 

Q. Did you shoot any? — A. I stiot two on the httle creek that is called Sage Creek. 

Q. Was it in Wyoming or in this State? — A. Right near this Sage Creek I killed 
two. 

Q. Is that in Wyoming? — A. It is this side of Wyoming. 

Q. Was it very near where you saw Sheriff Miller and his men the day before the 
shooting? — A. No. It was a long ways off from where we met that man. 

Q. Did you buy any deer or antelope while in Wyoming? — A. Away up there in 
the State, I went to a sheep man's place. He had two buckskin hides on the ground, 
and I told him I wanted those two and he wanted me to get him some beaded moc- 
casins. So I gave him the beaded moccasins and he gave me the deer hides and 
some meat. 

Q. Did the other Indians trade for deer hides and antelope hides and meat? — A. 
I didn't see them myself, t)ut they told me they did. 

Q. Were you present when Sheriff Miller and some men came, prior to the shoot- 
ing? — A. There were seven white men came there. I don't know why they came. 
I didn't go there myself to find out because I am an Indian and don't understand 
English. 

Q. Didn't Brown or Smith explain what they wanted? — A. They didn't do any 
talking with William Brown; they did all the talking witli Charlie Smith. And 
after they got through Charlie Smith <lidn't tell us what the conference was. 

Q. Was Smith there when the sheriff and his party came? — A. They both came 
to camp about the same time, Charlie Smith and those white men. 

Q. Did Charlie Smith bring in an antelope on his horse? — A. No. I didn't see 
him bring anything, but I knew he was back because I saw his horse. 

Q. Did you hitch up and drive away after that? — A. Right after that; the word 
was passed tliat Charlie Smith had said that every one should break camji and take 
to the road for home. 

Q. Didn't the sheriff and his men want you to take the road to Newcastle? — A. I 
didn't know anything about that. 

Q. Did any of the Indians throw dirt into the air? — A. No one did that. 

Q. Where did the sheriff and his party eat supper? — A. They ate supper at William 
Brown's tent. His wife i>repared the meal for them. 

Q. You say no one threw dirt into the air. If they should, what would it mean? — 
A. No one did that. We were all in the wagons, and besides, no Indians do that, 
because it don't mean anything. 

Q. Were you present next day when the shooting took place? — A. Yes; I was 
there. 

Q. Where were you? — A. I was away back in the rear. 

Q. Did you see who conunenced the shooting? — A. I was away back in the rear. 
One of my horses was tenderfooted; I stopped to put a piece of canvas about it; I 
was going very slow. T looked up to see where they were in front of me, and I saw 
them all coming V)ack, as tight as their horses could go. Then I began to hear 
shooting. 

Q. I want to say that it is against the law for anyone living outside of Wyoming to 
shoot antelope, deer, elk, or any other kind of large game in that State without a license. 
It is also against the law to buy or trade for the green hides or teeth of these animals. 
Do you understand that, and will you tell your friends, so that when they go to 
Wyoming again they will not get into trouble over violating the game laws? — A. Yes. 
I want to say a few words more. After we left the wagons and started back, we put 
all the women on horseback. We got as far as Hat Creek, when there were 10 white 
men standing in the road. Just to show you that we were not out for a tight, we had 
all the chance in the world then, but there was not an Indian in the party wanted to 
fight; and we all surrendered our guns and went into Edgemont with those fellows, 
willing. One fellow was some kind of a headman, so we turned our guns over to him. 
I left my wagon and all my stuff back in Wyoming. 

Q. Did you get your wagon l)ack? — A. I got my wagon back, but I did not get any 
of the other stuff, at least they could not find it. 

Hkjh (his X mark) Dog. 

Witnesses: 

A. M. Landm.\n. 
F. C. GoiNCJs. 

Subscribed and sworn to before me this 30th day of November, 1903. 
[seal.] F. E. ^IcIntvre, 



My term expires November 8, 1905. 



X'ltiiri/ J'lifilic, SIhiiiiioii (.'omit;/, S. Dak. 



qor.X INDIANS OF I'INK KIIXJE A(iKNCY, S. DAK. 123 



I'iNK UiiM.i: At;KMY, S. Dak., 

Sixr nihil- o", JHO.l. 

Stillillli'llt nf Cliirf Eilijl,. 

CniKK lv\(;i.K, IteiiiiT first iluly switiii. <1i'|m>.-('s ami says: 

(Questions by Timothy V. Hi hkk. I'liiti'il State's att'>riu-y I'ui- the district of 
Wyoiniiiir: 

<^. Wliat is your name ami age? — A. My name is Cliief Kajrli-. i am ;>■"> years oM. 

(I. You are an ()<:lala Sioux, livinjr on I'iiie Riiljre Reserve".' — A. Yes. 

Q. Di<l you jro to Wyouung with William Brown on OctoU-r last? — A. Ye.s. 

(I. What ilid you ^ro there for?— A. There are two diffen-nt kinds of medicine. 
( )ne is holy leaf and theutlier is somethiiijr likt' suntlowcrs. 1 went up to )H'{ tliose 
two thin>rs. 

1^ Did vol! take vour gun? — A. Yes. 

|^ Wasit a riHe?— A. Yes. 

<^. How many antelope or deer did you shoot? — .\. Three. 

n. Willie did vou shoot them? — A. Tliev were on what is called Horse Creek, in 
the Black Hills. 

Q. How many did you shoot in Wyt)iiiing? — A. None. 

Q. Why didn't yon shoot any in Wyoming? — A. There is a law in Wyoming an(i 
I knew it. 1 .-aw .>;ome. hut I didn't take any shot at them. 

(I. Did any of the Indians shoot any in Wyoming? — A. No; not that I know of. 

Cl. Did they buy any? — A. Yes; I saw sonu' buy some. 

<2. How many did yon buy? — A. I only had thri'e; that was all I wanted. 

^l- Were you there the day before the shooting, when Sheriff .Miller and his party 
were there? — A. Yes; I .•^aw that white man. There were seven men altogether. 

<2. What did ihey want? — A. 1 don't know what they wanted or what they were 
there lor. 

• ^ Didn't William Bn.wii, oi- Smith, tell you what they were therefor? — .\. They 
ilidii't tell me anything about it. 

<l. Didn't anyone tell you about it? — A. I don't know what was the matter with 
the Indians. They didn't seem to want to tell anything. I don't know the reason. 

(2. Didn't you know that Miller was there to arrest you? Didn't he ask you to 
go to Newca.stle? — A. No. 

Q. Did Miller try to get your |iarty headed off and turn them uj) toward New- 
castle? — A. I don't know: I belonged to the i^arty in the rear. 

Q. Were Brown's party all in the rear'.' — A. Yes; we were all in the rear. 

Q. Were you i)resent when the shooting took place the next tlay? — A. Yes. 

• ^ Dill you see who did the shooting? — A. I was about as far from those in front 
as it is from here to the boarding school (about one-half mile). We came to a steep 
bank and went down and u|) again, and just as we got to the creek, aixl were u]) on 
the high side, I heard the re]Kirt of ..ne gun; then the firing bt-caiiie general. Then 
I turned back, and I was in the lead all the way back. 1 had a lot of children 
with me. 

^l. Do you know who tired the first shot? — A. I ilon't know. 

<i. Where did you go when you went away'.' — A. We started an<l got up on a big 
divide, and we went down a big hollow, and there we threw out all our dishes and 
boxes and things, out in tin' bi<_' hollow . and tiicii wr iiidiitchcd and started out 
horseback. 

t^ You arc right. There is a law i)r(ihibiliiig the shooting of any game animals 
in Wyoming without a license. It is also against tin- law to buy <ir tradi' for any 
grei'ii hides or any teeth of big game. If you imdi'rstand that, will you tell your 
friends an<l act|uaintances, so that when they go into Wyoming they will not get 
into trouble'.' — \. Yes. After we left the wagons and started out horseback with 
tiiir families, after we got to a jjlace called 1 hit ( 'reck, another party tire(l muri' shots 
at us. I don't think that was right. 

CiiiKi" (his X mark) lv\(ii.K. 

W'itiii'sses: 

.\. M. Landman. 

I'. ('. (iolN.,>. 

Subscribed and sworn to before me ttiis ;i(itli day of No\fnil>er, l!tO.'5. 
[sK.Ai..] F. K. McIntvkk, 

.Xdliiri/ I'lihlir, SliiiiiiiDii Cniiiitil, S. Ihlk. 
My term exjiiies Novembers, l!MI."i. 



124 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK, 

PixE RiiKiE Agency, S. Dak., 

Norciiiher 30, 1903. 
Statement of Clidrijiiiij Wolf. 

Charginc; Wolf, being first duly s\vt)rn, deposes and says: 

Questions by Timothy F. Bl'kke, United States attorney for the district of 
Wyoming. 

Q. What is your name and age? — A. Charging Wolf; 45 years of age. 

Q. You are an Oglala Sioux, living on the reservation here? — A. Yes. 

Q. Did you go to Wvoming in Octol)er witli William Brown and his party? — 
A. Yes. 

Q. What did you go there for? — A. What I started up there was for some leaves, 
roots, and herbs, that we know is very good for certain sickness. That is what I went 
up to get. Of course the white men don't use them, but tiie Indians do, and I 
brought a lot back. 

Q. Did you take your guns with you? — A. Yes. 

y. Did you shoot any antelope or deer? — A. No. 

Q. Did you l)uy any? — A. Yes; I bought one. 

Q. Did you drive your own wagon and horses? — A. Yes. 

Q. How many antelope and deer hides did vou have in vour wagon when you left 
it.— A. Three. 

Q. Who did the other two belong to? — A. I traded for the other two with the 
sheep men for some moccasins and bead work. 

Q. Was you there the day before the shooting, when Sheriff Miller and his party 
were in camp? — A. Yes. 

Q. What did thev come there for? — A. I don't know what thev did come for. 

Q. Was Uharlie Sinith there?— A. Yes. 

Q. Di<l Charlie Smith bring in an antelope on his horse? — A. I don't know. 

Q. Did Charlie Smith or Brown tell you why they were there? — A. I didn't hear 
anything about it, and they didn't tell me anything. 

Q. Did they eat supper there at William Brown's? — A. I don't know anything 
about that. 

Q. Didn't they try to get you to go to Newcastle? — A. I didn't hear anything 
al)out that and didn't know anything about it. 

Q. Was you tliere when the shooting took place? — A. Yes. 

Q. ^Vhere was you when it commenced? — A. I was about in the middle of the 
train. 

Q. Who fired the first shot?— A. The white men. 

Q. How do you know that? — A. Thei'e was some teams ahead of me and I noticed 
them bunch up together. Then I heard one shot, and after that the firing became 
general. After that I got out as fast as I could go. 

Q. Who fired the first shot? — A. I kind of think the first shot came from the 
white men's side. 

Q. What makes you think so? — A. I don't know the reason why I think so, but 
it seems to me that they fired the first shot. But I got away as fast as I could. 

Q. Did you fire an}' shots? — A. No; I had my gun in the bottom of the wagon and 
had my tents and other luggage on top of it. 

Q. It is against the law of the State of Wyoming to do any hunting for such game 
as deer, antelope, elk, etc., without a license. It is also against the laws of the 
State to buy or trade for the hides of such animals. Do you understand that, and 
will you tell your friends, so they won't get into trouble when they go to Wyoming 
again? — A. Yes. 

Charging (his x mark) Woi.f. 

Witnesses: 

A. M. Uandmax. 
F. C. Goings. 

.Subscril)ed and sworn to before me this.'JOth day of November, IDO.'l 
[seal.] F. K. McIxtyhk, 

.\'it((rii I'lililic, Sliaunoii CoiDifi/, S. Ihtk. 
My term expires Novendier 8, 1905. 



SlOrX INDIANS OF PINK KIDOE A(}KN('Y, S. DAK. 12') 

I'lNi: liiDiJK A(iKXcv, S. Dak., 

Siiri'inlii'r 30, I'.Ki.i. 

Stdti'iin'iil nf Ji'sne Litllr War Ihiiiiil. 

Jessk Lrm.E Wau BiixxET, heiujr Hivt duly sworn. (U-posos and says: 

(Questions l)y Timothy ¥. Bi hke. United States atturiicy lor tlu- district of 
\Vyt)iiiin>r: 

il. Wiiat is your nanu' and a^'i-'.'— A. .It-sst- Little War Bcniiu't; L'dyi-ars of a^re. 

Q. You are iin Oglala Sioux. iivin<r nii the reservation? — A. Yes. 

C^ You went to Wyoniiii;.,' witii William Brown as a member of his party in Octo- 
ber? — A. Yes. 

Q. What did you go for? — A. I luiderstood tho.se peoi)le were fioin^r to get some 
roots and herbs and other things, so I thought I would go anci .see if 1 could get some. 
1 am not well. My blood is l)ad. 1 wanted to get some medicine to see if it would 
«lo me any good. 

(I. ])id you have your gun with you? — A. N<^. 

(,2. Did you shoot any elk, deer", or antelope? — A. 1 did not have any gun, so I 
couldn't ilo any shooti^L^ 

Q. Did you drive your own wagon or did you go witii sonu- one else? — A. 1 was in 
my mother's wagon. 

\l Was your father along? — A. No. 

C^ Did you buy any antelope or deer skins? — A. I l)OUght one. 

(]. Were you tiiere when Sheriff Miller and his party came the day before the 
.shooting? — A. Yes. 

Ci. What did .Miller and his men want?— A. I didn't hear. 

(•2. Why did you ride u\> among the white men with your horse and run through 
them? — a". I went ujt there for information, l)Ut I couldn't get any. 

Q. Why did you ride among the white men? — A. 1 wanted to see what they came 
there for. but I could not understand them. 

<2. Didn't Charlie Smith or William Brown Tell you what they were tiiere for? 
What did they .say to you about it?— A. They didn't say anything. 

(2- Di<l Miller and his men want you to go to Newcastle?— A. 1 didn't hear that. 

(.]. Didn't they try to turnup the roail towards Newi-astle, instead of the road 
towards home? — A. 1 didn't hear. 

Q. Did you see them motion you to go up? — A. No. 

(I. Was von i>resent th.e dav the shootini: took place, and where were vou? — A. 
Yes. 

Q. Where were you?— A. 1 was in the rear. 1 had stoi)ped to cl(jse the gate we 
had just gone through, and just as I was on the way uj) the tiring took place. 

(I. How far up were you when the tiring started? — A. I was (piite a ways off. I 
was the last man coming up. 

(l The white men say you was at the head of tlie line and was running back 
when they saw you. Is that correct'.' — A. No. 

(I. Did vou have a gun that day? — A. No. 

q. Who fired the first shot?— A. The white men. 

il. How do you know that'.' — A. I was coming uj) when I heard the bullets com- 
ing down from that direction. 

(I. What dill you do'.' — A. I turned arouml and to<ik the other way. 

(]. It is again.^^t the law of the State of Wyoming lor an outsider, whether hv is an 
Indian or a wliite man, to shoot deer, anteloi)e. elk, or any such game in that State 
without a liiHiise. It is also against the law of the State td buy or trade for the liide.s 
ot such animals. 1 want you to bear that in mind and tell your friends that, so that 
when they are traveling in Wyoming they will be careful not to violate those laws 
and get into trouble. 

Jesse (his x mark) Lrrn.E Wak Boxxet. 

Witnes.'ies: 

A. M. Lax DM AX, , 

F. C (iOJX(iS. 

Sul>scriV)e<l and sworn to before me this .'lOth day of Novend)er, 1!U).'>. 

[seal.] V. K. McI.XTYRE, 

Xotar;/ I'nblic, Sli<iiino)i ('(>»/////,>'. D(ik\ 
My term expires November S, 1905. 



126 SIOUX INDIANS OF PINE RIDOK AGENCY, S. DAK. 

Pine Ridge Ac^ency, S. Dak., 

Xoremher 30, 1903. 
Sfotement of William Brown. 

William Browx, Wn^t being duly sworn, deposes and says: 

Questions by Timothy F. Burke, United States attorney for the district of 
Wyoming: 

Q. State your name and age. — A. My name is William Bniwn; I am 36 years of 
age. 

Q. Are you the William Brown that got a permit to leave the reservation with a 
number of others along about last September? — A. Yes, sir. 

Q. You are an Oglala Sioux, and live upon the reservation? — A. Yes, sir. 

Q. When did you leave the reservation with your party for Wyoming? — A. I have 
my pass with me [produces pass]. 1 left about October 6. 

Q. And all of these people named on your permit left with you? — A. Yes, sir. 

Q. When did you get into Wyoming? — A. About October 15. 

Q. Did you shoot any deer or antelope prior to going into Wyoming. — A. I saw 
one or tw<> in my party. 

Q. What did you go to Wyoming for, Mr. Brown? — A. I went to get some roots, 
herbs, and berries. 

Q. For what purpose? — A. To use for medicine. 

Q. It is the custom for the Indians of this reservation to go outside for roots and 
herbs? — A. Yes; that is customary. They found out that the roots and herbs that 
they got away were better than the roots and herbs here. 

Q. How often do they go? — A. This was the first time T knew anything about it — 
this year and last year. 

Q. When you went into Wyoming, into which county did you go? Do you know? — 
A. We went into ^^Vston County, and from there into Converse County. 

Q. Did you shoot any deer or antelope in AVeston County? — A. All we shot there 
was rabbit, prairie dogs, and prairie chit-kens. 

Q. Did you buy any antelope or antelope hides, deer, or deer hides while in Weston 
County? — A. The rest of the party bought some, l)ut I didn't Iniy any tiling. All I 
wanted was roots and lierbs, and I got them. 

Q. How many antelope and antelope hides, deer, and deer hides did your party 
buy in Wyoming? — A. (;)f course, I didn't go around through the tents, so I don't 
know just how many they did buy. 

Q. They l)ought (|uite a number? — A. Yes. 

Q. Would you say as many as 40 or 50? — A. I could not state the number, but I 
know that they got a good many hides. 

Q. How did they pay for them? — A. Hatbands, moccasins, ami other bead work 
along that line. They traded for them. 

Q. Were you there at your camp when Sheriff ^Miller and his party came there, 
the day before the shooting? — A. Yes; I was there. 

Q. What did they say they wanted? — A. They were at my camp sometime before 
I came back. They had got ready to leave when I got back and were going away 
without saying a word to me, but I had a talk with one of them. 

Q. What was his name? — A. Miller. 

Q. What was the talk you had with Miller?— A. Miller told me that thev had eat 
at my place, and then I asked him what he wanted. He told me he was after us. 

Q. What for? — A. He didn't say what for. It was getting dark and he said, "I 
will see you in the morning." 

Q. Did he show any papers? — A. I didn't see any. 

Q. Did he sliow you a warrant for your arrest? — A. Nn. 

Q. Didn't he tell you he had a warrant for your arrest? — A. No, sir. He ditln't 
say any tiling of tliat kind, and I didn't have any idea he was there to arrest us. 

Q. What did he say he was after you for? — A. That is all he said, "I am after 
you." 

Q. Did not you understand fn;m tiiat that he wanted you tn go to Newcastle? — 
A. I understood it that way, and I told him "All right." 

Q. Did you (jffer to go to Newcastle with him?— A. He didn't mention the name 
of anv town; he just said, "I am after vou," and 1 said, "All right," and he said, 
"That's good." And that is all the talk 1 had with him. 

Q. You were hitching up then, were you not, and about to drive away? Didn't 
Miller try to turn you on the road to Newcastle instead of the road home? — A. No. 

Q. Do you remember where the roads fork and one road leads to Newcastle and 
the other toward home; was there not an effort made there by Miller to turn you 
onto the road to Newcastle? — A. No. 



Siorx INDIANS OF PINE KIU(iE A(;EN('Y, S. DAK. 1*27 

^l l>i(l yoii st'i^ any Iiulians throw dirt into tiu- air? — A. No. 

(}. What wiiulil it nii-an it they <li(l? — A. !♦ don't mean anytliinjr. 

(}. Did yon see Little War lionnet ri(liii>r anionjr .Miller's party the day helore the 
shootnifi? Did he make himselt ot'fensi\e that day? — A. No. 

♦.2. Were yon near the head of the proiession when it startt'<l that day? Were yon 
where Smith was? — A. No. 

Q. Did Smith and Miller have any talk? — A. Yes. I .siw tlu-m talkin<r tojiether. 

i}. Did yon tell Miller that yun wonld goto Newcastle if Smitli diil? Was any- 
thin<r of that kind said there? — A. Yes. 

il Dili Miller say he wonld eome l)ack the next day? — .\. Yes. lie said, '"1 will 
come hack to-morrow." 

(I. Did ^lillcr sav anvthinu; to vmi ahont leaving the State or anything of that 
kind?— A. No. " ■ ' 

(I. Did yon see Miller after that? — A. No. 

<J. Did you see Miller when the shooting took place? — .\. I dichi't see him. 

(i. Where were yon when the shooting took place next day? — A. I was on tlie 
road home. 

(I. How far was it from the jilace where the shooting took place to where you saw 
Miller the day l)efore?^.\. I don't know. 

(^ Did anyone tell you that Miller was tliere to arrest you? — A. No one ever told 
me that. 

(I. Did Miller say to yon, "We (the whites) want you to go to town with us. We 
didn't see yon kill any deer, but you nmst go to town with us." — A. Yes. I had 
that talk with him. 

(I. Tlien yon said tliat you were willing to surrender, and would surremler, if 
Smith did? — A. I was the only one that surrendered. 

(-2. Did Miller ask you to go to town with him? — A. He just said he would come 
back again. 

C^. What did Charlie Smith and his party .«ay about surrendering? — A. I didn't 
understand what kind of talk they had. 

Q. Wliat <lid Charlie Smith say to you"? — A. It was in the evening and getting 
dark. Charlie Smith didn't say anything to me at all. 

Q. Didn't you and Charlie Smith have a talk with the Indians and tell them what 
they wanted you to do".' — A. I just told what the men said to me — to s<mie of my 
party. 

Q. That is, that he wanted you to go to town with him? — A. I was willing to sur- 
render with all those named in my j)arty. 

(l Did you tell the Imlians what Miller wanted?— A. Yes; 1 told tlicni. 

Cl What ones did vou tell?— A. P.lack Feather and He Crow. 

g. Anybody else?— A. Chief Eagle. 

i}. Anybofly else? — A. That is all I i-au remember. 

(}. What did you tell them? — A. I told them like thi.s: "This white man is here 
for us, and as I have got a pass I am willing to go with him." And he said, "I will 
be back in the morning." 

(^ Then MilK'r didn't try to get you to go to Newcastle that night? — A. No. 

(}. Did anybody there resist Miller in an atteni{)t to arrest you? — A. No. 

• 2. Now, the next day, when the shooting took place, did you know who tireil 
the lirst shot? — A. The white men. 

(I. How do you know the white men fired the first shot? — A. They came rigiit 
down into the hollow, and we could not help but see them. 

(I. Who wa.s the first white man that tired a shot? — A. We were all in the wagons. 
There were nine wagons ahead of me. Those fellows came up and started to lire. 
The firing all came from tho.se fellows. 

• ^ i'idn't one shot come from in back of yon? — .\. No. 

(I. i'idn't .Miller come nj) on the bank first; Miller and a man l)y the name of 
Owens'.' — A. I could not tell wlm was there. They were a (]uarter of a mile ahea<l 
of me. 

Q. Did yon recognize them as the men who had been at your camp the day 
before".' — A. 1 was not clo.^e enough to see whether they were the same men or not. 

il. What di<l they first .«ay the day after you saw them".' — A. 1 didn't .^ay that 
they .said a w<ird. They came on a trot. They just came up that hollow and began 
to shoot. 

(I Ditln't they hold up their hands and slioiit " I Inlt." or .something of that 
kind".' — \. No; they didn't say a word. 

il- Miller and his party had eaten sujijier at yoiir lent uitli your wife the night 
before".' — .\. That is what my wife told me. 

(.^ What did yon do at the light? Diil you lire any shots? — A. No; I just turned 
around and flew. 1 ha<l mv wife and children. 



128 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. Did you leave your wagon? — A. I went there in a big wagon, and after the 
stampede took place I left the big wagon and took a light wagon that was there 
and flew again. 

Q. You were not arrested anu taken back to Douglas, charged with the murder of 
Miller?— x\. No. 

Q. Did you get your wagon back? — A. Yes; someV)od}' went up there and got it. 

Q. Were you trying to get out of the >State? — A. Yes; we got a j^retty big scare. 

il- The secon<l day, you were expecting to see Miller? He had ]irouiised you he 
would come Ijack again? — A. Yes. 

Q. What do you think he went away for and promise to come back on the second 
day? — A. I thought that, being as he was sure, I thought he would come and take 
us where he wanted us to go. 

Q. But you were trying to get away from him, were you not? That is after the 
first day? — A. We were coming on the road home. 

Q. But you were trying to get away from the sheriff and his company? — A. No. 

Q. Was there any shooting at you after you left the second day, and took the light 
wagon to start home? Did anyone shoot at you then? — A. Yes. They did that. 

Q. Where was that? — A. Hat Creek. 

Q. How many shots did they lire at you there? — A. I should guess al)out fifty. 

Q. Did they hit anyl)ody? — A. They hit one of the horses in the hoof. 

Q. That was in tlie night? — A. Yes. 

Q. Were you driving? — A. Yes. 

Q. Was that in Soutli Dakota? — A. Yes. 

Q. Do you know who shot at yoa that time? — A. No. 

Q. Were there many in the party? — A. It was in the night, and I could not tell 
how many were in the party. 

Q. The laws of Wyoming make it a misdemeanor to shoot any deer, antelop)e, or 
other wilfl animals of this kind, unless you have a licen.se. It is also against the 
law to ])uy any green hides of tliese animals to take out of the State. You under- 
stand that, Mr. Brown, and you will tell your friends and ai'quaintances, so that, when 
they go through Wyoming again, they will be careful not to get into any more 
trouble?— A. Yes, sir. 

William (his x mark) Brown. 

Witnesses: 

A. M. Landman. 
F. C. Gaings. 

Subscribed and sworn to before me this 20th day of November, 1903. 
[seal.] F. E. McIntyre, 

yot(trii PiihUc, Shannon Coiinti/, S. Dak. 
My term expires November 8, 1905. 

Pine Rid(je Agency, S. Dak., 

Xovember SO, 1903. 

Statenu-ni of Hope Clear. 

Hope Clear, Ijeing tirst duly sworn, deposes and says: 

Questions by Timothy F. Burke, United States attorney for the district of 
Wyoming: 

Q. Give your name and age. — A. My name is Hope Clear; 18 years old. 

t^. You are the daughter of Gray Bear? — A. Yes. 

Q. Were you a member of the Charles Smith party that went to Wyoming in 
October? — A. Yes. 

Q. What did that party go to Wyoming for? — A. They got the party to go up 
there to get some herlis, and leaves, and different kinds of roots that is in that country. 

Q. Did they do any hunting on the way? — A. They shot some prairie chickens 
and prairie dogs and raljbits as they went along. 

Q. Did they shoot any deer or antelope?— A. No. 

Q. Where did they get their antelope hides and antelope meat? — A. Tliey got 
their deer hides and deer meat from the sheepmen. 

<l. How many hides and how nmch meat did you get? — A. You mean the wliole 
party? 

Q. Yes.— A. I can not say how much each bought, but they each bought some. 

(i. Did Charlie Smith shoot any deer while in Wyoming? — A. What do you mean? 

Ci- Any deer or antelope? — A. No. 



f 
Siorx INDIANS OF PINE RIDGE AGENCY, S. DAK. 129 

Q. \\'lu're ditl you meet Mr. Brown and his party? — A. I don't know tlic coinitry 
up thi'r(.', and I don't remend)er just where it was. 

C2. But it was in Wvoniin^'? — .\. Yes. 

Q. Was it at'ter you started iionie? — A. Yes. 

Q. Do you reniend)er the day when Slieriff Miller and his ]iarty came to your 
camp? — A. Do you mean thtise white men? 

Q. Yes.— A. Yes. 

C^. Were von present? — A. Yes. 

il Di<l you hear them talk?— A. No. 

(I. Did Mr. Sniitii tell you what they wanted? — A. No. 

(I. Did you hear what they wanted? — A. No. 

(2. Did they try to ^'et you or any of tlie men to tjjo to Neweastle with tiiem? — \. 
1 didn't liear anythiu'r ol" that kind at ail. 

Q. Did they eat their supper with you? — A. Yes. 

Q. Wlio did they eat witii? — A. W'itli the mixed l)loods. 

(}. Did you see these men the next day? — A. No. 

(.2- Were you pre.sent when the shootino; took place on the next day? — A. They 
came to our camp, and on the next day they commenced to shoot at us. 

(2- Did you recognize them to t)e the same men as tho.«i' wlio liad come to y(jur 
cam]) tlie day before? — A. Yes; they were the same men; after 1 got where they were 
I reco<rnizeil them as the same men. 

<.2- i>id you reco^mize them as the same men before the shooting commenced? — 
A. I saw tho.^'e men before anyone else saw them. 

(•2. Where were you when you saw them? — A. 1 was ahead of the wagons and 
there were two little boys with me and we were driving some loo.<e j)onies. 1 got off 
my horse to open the gate and then I saw the white men aiming their guns at me, so 
I started back to the wagons as fast ay I could go. 

(,2. Where were you on first hearing the shooting? — A. It was the white men tiiat 
started to shoot. 

Q. Where was the first shot fired from? — A. What do you mean by that? 

(j. ^\'here was the first shot tired from? \\'ho was the first jjcrson wiio lired and 
where was he? — A. It was a white man. 

C2- Were they on horseback when the shooting commenced? — A. No; they were 
afoot. 

(2- Were they on horseback when you first saw them? — A. I'he minute I saw them 
they began to get off their horses, and some of them were already aiming their guns 
at me. 

(2- f>id you go bark through the gate when the first shot was fired? — A. That was 
after I got through the gate. 

(2- Where was Charlie Smith? — A. Charlie Smith was in the rear on hursi'l)a(k, 
but he came up. 

(-2. How many wagons got througii the gate before the tiring commenced? — A. Two. 

Q. How many Indians did any shooting? — A. 1 noticed tliat the first shot shot the 
horse from under the boy that was with me. lie got up and started to rim and then 
he got slK)t. After this boy was shot 1 got to the wagons. Just as I got up to the 
wa^ions I saw my fatlier and lUach Kettle getting down ready to open fire. 

(2- Did the Indians do any tiring previous to that? — A. There was no shooting from 
the Indians until after a l)ullet went through my shawl and another through my 
dre.«s, and my horst- shot from under me. Then my father lired. 

(I. Is that the shawl you have on now? — A. No; I gave the shawl away. 

(.2. Where wa'J your father when the firing conunenced? — A. I could not say. I 
know he fired a shot, and after that I didn't see him any more. 

(2. Who was at the gate when you came through? — A. Do you mean Indians? 

C2. Yes. — A. Some of the Indians had got through the gate and .«ome of them 
wen- standing just inside of the gate. 

(2- \\'lio were .«ome of the Indians just inside of the gate? — A. Just as soon as the 
shooting began the Indians ran back. 

(2. What did the white men say, or did they say anything i)efore the shooting 
conunenced, when you first saw them? — \. They didn't say a word or call to me. 
They just went to shooting. 

(I. Didn't one or two of them come u\> on the bank before the rest? — .\. I don't 
know of any. 

(.2. Did yoii see one of them piU up his hands ami say, ■"Halt"? — \. No. 

(.2- Dill they do any shooting Ix-fore they got through the wire fence to which they 
hitched tiieir horses? — A. 1 ditl not see wi)ere they had thi-ir horses, but they must 
have left their horses on the outsi<le of the fence. The fellows I saw tame on the 
run shooting. 

S. Doc. iL^S 9 



130 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. They left their horses before shooting? — A. Yes. 

Q. They didn't do any shooting from the road? — A. They were all in the creek 
bottom. 

Q. How many shots did the white men fire? — A. I could not count; they were 
shooting too fast. 

Q. They fired a good many shots? — A. Yes. 

Q. Did the Indians fire a good many? — A. There were only two Indians that did 
any shooting — Black Kettle and my father. The rest fled. 

Q. Charlie didn't do any shooting? — A. I didn't see him. 

Q. Where <lid you go? — A. My mother and Charlie Smith's wife were in the 
wagon, and we started down the fence as tight as we could go. 

Q. What became of your father? — A. We started to go up the side of a hill, and 
just as we were going over the top of the hill Mrs. Smith was shot. When she was 
shot the blood l)egan to flow pretty freely, and we started for a bank. We just got 
to the bank and that was all. My mother and Charlie Smith's wife were in the 
wagon, and I got another horse and I was on horseback. 

Q. Did you stay there and bury your father? — A. When we got Mrs. Smith down 
under this bank f started back up the fence again, and I met my father coming up on 
his horse. I led him off to the creek. They were still shooting at him. I got my 
father down into the creek bed and took him to where Mrs. Smith and my mother 
was, and we started to follow up the creek bottom. 

Q. Did your father die? — A. We kept on going up this creek until it must have 
been along in the middle of the night, then my father got out and went and sat with 
his back up against the bank, and he sat there till he died. My father ami Mrs. 
Smith were both in the wagon, and when my father got out and on the Ijank we 
built a lire. 

Q. When did your father die? — A. About midnight. 

Q. Did you Iniry your father there? — A. I Ituried my father there, and we went 
back next morning to where the shooting took place. My mother says to ns, 
"Maybe there is a war l)roken out between the white men and the Indians, and we 
might just as well go back and get killed where the other Indians were killed, because 
we can't get home anyway." 

Q. Whom did you find killed and wounded? — A. We found Charlie Smith, and 
we found that l)oy and Black Kettle there. We got to where Charley Smith was. 
He wasn't dead yet, so we built a Are to warm him up. By that time these same 
people were coming back again. 

Q. Tile white people? — A. Yes. 

Q. They didn't do any shooting that morning, did they? — A. After we saw those 
peoi^le coming, they started to take aim at us. I walked up toward them, and they 
pointed their guns at me. I got pretty close to them. I told them that there were 
only women there, and if they wanted to kill us they could do it. They said, " If 
that's so you come over here." So I walked over to where they were, and there 
was an old man in the lead and he shook hands with me, and they all shook hands 
with me. Then we all went down to where Charlie Smith was laying. 

(.I. Did they take care of you, then — help you to get water, and hel]i to bury 
Black Kettle? — A. Charlie Smith asked for some water, and one of the men got some 
water and gave him a drink. They took us to a log house that was there. 

Q. You can talk some English ; enough so as to make yourself understood? — A. I can 
understand more than I can talk. Charlie died in that little log house that evening. 
I was there when Charlie Smith was buried but not when the other two were 
liuried. 

Q. You are sure. Miss Hope, that the first shot was not tired by some Indian up 
along the line (jf wagons? — A. Yes, I am sure. 

Q. Were the men riding horseback or in the wagons wiien you first .siw !\ir. Mil- 
ler and his party before the shooting? — A. They were all in the wagons. 

(.1. Where was Mr. Smith when he was shot? — A. Smith was in the rear. He was 
coining uj) to where the shooting was going on when he was shot. 

(I. Did he have his gun? — A. No; he didn't have it; it was in the wagon. We 
were not exi)ecting these people to do any shooting, and we were Irving to get away 
the best we could. 

(J. Now, Miss Hope, you have lieen to school at the reservation schools? — A. I 
went to a day school. T didn't go very regular. I had some sickness and kept get- 
ting excuses, so I didn't go very regular. 

(,). Did yon see any other Indians, with the exception of your father and Black 
Kettle, do any sliooting? — A. No; those are the only two that did any shooting: that 
is the reason there are so manv left alive. If they had all done some shooting, they 
would have all been killed. The horse I was on was shot four times. 



SIOUX IN'DIANS OF I'INE KIDGE AGKNCY, S. DAK. 181 

Q. EvfrythiiifT you havf stated hore is just wliat y<»n saw, not anytliin<; anybody 
else lias l)eVn teiliiijr yon, Imt just what you saw? — A. I have been sworn in. I have 
toll! it just as I saw it niysfif. 

lloi'K (her X mark) Ci-k.m{. 
Witnesses: 

A. M. Landman, 
F. C CioiNGS. 

Subscribed and sworn to l)efnre nie this lldth of November, IHO.'!. 

[ska I..] F. K. McIXTYRE, 

Xotiiri/ I'lihlic. Sliaiuioii Coinitij, S. Ihtk. 
(My term expires November 8, 1905.) 

Pink Kidgk Aukxcv, S. I>ak., 

X<m'mbir SO, WO.h 
Stiilemenl of Mrx. (inn/ Jhar. 

Mrs. Gray Bkar, beinj; first duly sworn, deposes and .«ays: 

Questions by Ti.motmv F. Bihkk, Tnited States attorney for tlie district of 
Wyominj;: 

(I. State vour name and vour ajre. — A. Fortv-Hve vears old. Mv Indian name is 
Takes The Hope. 

Q. You are the wife of Gray Bear? — A. Yes. 

Q. You went with Charlie Smith's jiartv to Wvomin<r witli your husliand la.st 
October?— A. Yes. 

Q. What did you go to Wyomino; for, Mrs. Gray Bear? — A. They told us that they 
were goin^' to shoot different thinggi while up there. 

(^ What did they say they were goinj; to shoot? — .\. Kaldiit. jirairie dogs, and 
prairie eliirkens. 

Q. l)id they say anything about sh(»oting deer or antelope? — A. There were some 
of the men wiio took shots at some of those deer. 

(^ Did they get any deer or antelope while there? — A. They got some in the foot- 
hills of the Black Hills. They didn't get many, because they were siarce. 

Q. Did they get any in AVyoming? — A. No one got any in Wvoming. 

Q. Did they buy any while in ^^'yoming? — A. We got all our'skins and meat from 
the sheep and cattle men. We traded moccasins, blankets, and beadwork for it. 

<^ Did you get many in that way? — \. All the men and all the women had done 
some trading for deer skins and deer meat. 

Q. Do vou remember when Sheriff .Miller and his partv lame to vour camp? — A. 
Yes. 

ii. Did you know at the time what he wanted? — A. They had some talk with 
these white people, but I didn't understand, because I don't understand a word of 
Knglish. 

Cl Who had the talk with them?— A. They had the talk with Charlie Smith. 

Q. Did Charlie Snuth tell you what they wanted?— A. He didn't tell us anything. 

Q. Didn't your husband tell you what they were talking about? — A. No; he didn't 
say a wurd to me. 

(I. Where were you when the shooting took place next day? — A. There were two 
wagons ahead. There was a man and his wife in the leatl; then canu' Black Kettle 
and his wagon, and third came myself and wagon, and the fnurtii was Mrs. Smith 
and wacon. 

(2- Was your husband in the wagon when the shooting commenced? — A. 1 was in 
the wagon with two daughters ami he was in the rear on hor.'-eback. 

Q. Did you see who tired the lirst shot? — A. Yes; 1 .«aw it. 

(I Who was the one that lired tlu' first shot? — .\. ^ly daughter was in the leftd, 
driving sonu- loose burses. Slie came back and said, "Manuna, there are some 
white people raising their guns, and they are going to shoot us." The white men 
were the ones who started the sliooting. Then we started back. Just then the boy 
was shot, lie fell right in front of me. After I went around to turn my ti-am 
around I saw this bov was shot, so I turned around in another direction. 

(I. Who of the Indians did any shooting? — A. The n'.«t of the Indians were in the 
wagons driving the teams. Those who were on horses all rushed up and got killed. 
My husband and another fellow did some shooting, an<i they both gi>t killed. 

\l Did Charlie Smith ilo any shooting? — \. After I saw the boy fall 1 started nut. 
I saw Charlie Smith coming up with his gun in his scabbard <ni his saddle, so I don't 
think Charlie ilid any shooting. The next morning they found it lying on the 
grouinl, anil I don't think he had done any shooting. 



132 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Q. Did the gun drop out of the scabbard? — A. The gun must have dropped out of 
the scabbard some way or other, because when I saw him on the horse it was in his 
scabbard. 

Q. How far was it from where Charhe Smith was lying to where they found the 
gun? — A. I was so badly scared I didn't think to measure it. 

Q. Your husband died that night? — A. Yes. 

Q. And you buried him next day? — A. Yes. We buried him next morning just as 
the sun was rising. 

Q. You found Charlie Smith next day? He was not dead when you found him, 
was he? — A. The next morning we went down to see how many were killed and 
wounded, and the first one we run across was Charlie Smith. He was all covered 
with frost. He was still alive, so we built a fire for him. 

Q. He died that day? — A. They took him back to the log house, and some time 
during the night he died. 

Q. You went to Lusk with Mrs. Smith that night, did you not? — A. Yes. 

Q. And they sent you from Lusk back home to the agency, did they not? — A. Yes. 
They left us at Edgemont. 

Q. Did you get your wagon and your horse and harness afterwards? — A. I had my 
wagon all the way through. But Charlie Smith's wagon was taken to Newcastle 
because there was no one to take my sister's wagon home. 

Q. Was Mrs. Smith your sister? — A. Yes; she was my sister. 

Q. You say Mrs. Smith is your sister. She was wounded, was she not? — A. Yes. 

Q. What is her condition now? Would she be able to make a statement if you 
went to her house? — A. No. 

Q. Where was Mrs. Smith wounded, in her shoulder? — A. She was shot in the 
back, in the right shoulder, and the bullet came out down Ijelow on the breast in 
front. When I first heard the shots I thought there must be a Mar broken out 
between the white men and the Indians. I told my daughter that the white men 
would kill us off before we could get home, so we might as well go back where the 
rest of the Indians were killed and die there. That is how we came to go back to 
where the shooting took place. 

Mrs. Gr.vy (her x mark) Bear. 

Witnesses : 

A. M. Landman. 
F. C. Goings. 

Subscribed and sworn to before me this 30th day of November, 1903. 

[seal.] F. E. McIntyre, 

Notary Public, Sh(m)W)i County, S. Dak. 

(My term expires November 8, 1905.) 

Mission Flat, 
Pine Ridge Agency, S. Dak., December 1, 1903. 

Statement of Last Bear. 

The statement of Last Bear was taken at his house, as he was unable to come to 
the agency on account of his wound. No jjroper official being present, his statement 
was taken without oath. 

Questions by Timothy F. Burke, Lnited States attorney for the district of 
Wyoming: 

Q. State your name and age. — A. My name is Last Bear, and I am alxmt (So years 
of age. 

Q. Are you a full-blood Oglala Sioux? — A. Yes. 

Q. You have lived on the reserve here for a good many years? — A. I have never 
been off the reservation. 

Q. Did you go with the Smith party to Wyoming last month? — A. No; I went 
with William Brown. 

(I. What did you go for? — A. All I went for was l)ecause I am an old man, and if 
those young fellows should run across any game, then they would give me some and 
1 would have s<jmethiiig to eat and some soup. 

Q. Did you go for roots and herbs? — A. 1 went for paint, too. 

Q. Did you do any hunting while over there? — A. We killed some jn-airie dogs 
and prairie chickens, and ra!)l)its. Those fellows that you killed, those are the ones 
that did the hunting. 

Q. Did the\' shout any antelope or deer? — A. Maybe. I was not with that party. 

(]. Did you buy or trade for antelope hides or meat? — A. Yes. I traded for some 
deer meat and hides with moccasins. 



SIOUX INDIANS OF PINK RIDGE AGENCY, S. DAK. 133 

Q. Did you jret them of the sheepmen and tlie c()\vl)<>ys? — A. It was tlie sheepmen 
that sold us tlie meat and the hides. .Mayl)e tliuse eowshoys got some deer too, 
because they always packed their Winchesters. 

Q. Were you present when Sheriff .Miller and his party came to camp mi the first 
dav, the ilav before the shooting? — A. Yes. There were seven. Three of them had 
stars. 

(i. What did those stars mean? — \. I thought they were some kind of officers or 
j)olicemen. 

Q. What ilid they want? — A. I was away from camp that ila\. .\ii Indian told 
me that there were white men at the camp, ami when I gdt there I fnund the white 
men there. I <lid not talk with them. 

il. Did Smith or Brown talk to them? — A. I understocjil from another Indian that 
Smith talked to them. I only know what 1 have been told. 

Q. Did tile other Indian tell you what was wanted? — A. I understood from the 
other Indian that he wante<l us to go with him. 

il. Did you refusi' to go with him? — A. Smith was the one that refused to go. 
The white men had their Winchesters right with them. 

ii. Did William lirown refuse to go. — A. William was willing to go along with the 
white men. 

(.1. What did the white men claim, that they should want you to go with them? — 
A. This {.'harlie Smith told all the Indians to hitch up and break camp, we wanted 
to go home, ."^o the Indians hitched up and broke camp and those white men went 
along with us. And they said, '"We will be back in the morning." That is what I was 
told. There were some wagons ahead ami they wanted them to go to Newcastle. 
Then tlie white men left on the road U) Newcastle. We traveled all the night and 
then we made camj) in the morning. Wema<le that cam]) there and in the morning 
we started again. We traveled until the sun was pretty low, trying to find water. 
I was the fifth wagon in the road. I had my little boy ahead driving hor.'^es for me. 
We didn't expect any trouble on the way liome. This young boy (pointing to his 
son) and another boy were ahead driving horses, and there was a girl with them. 
When she got off her horse to open the gate she saw the white men. Siie came 
trottin<r back and sai<l, "Tliere are some white men there going to shoot us." I 
heard her say that. 

Q- Who fired the first shot? — A. I hold up my hand to the Great S])irit and say 
that it is the truth that we never expected any trouble. We had just cro.^sed a dry 
cieek and were making for the creek to get to water. We saw those men on horse- 
back, and they were all strung up the creek. I heanl the white men say something 
in English; I didn't understand what they said, but it sounded to me as though they 
were cursing us. Then the white men fired into us and there was a general 
stampede. 

Q. Did the Imlians do any firing; and if so, who were they? — A. I was shot at the 
firi^t volley and 1 tried to get out the best I could. I didn't even look l)ack. 

(■i. Where were you shot? — A. I was shot in the back, the bullet coming out in 
front just in front of the hip bone. 

(I. Did the shot pass through the entrails? — .\. No. I was leaning over, and that 
threw my entrails to one side and the shot did not go through them. U it had, I 
would not be laying here to talk to you to-day. 

Q. Did you recognize the party at the shooting to be the same as the party you 
met the day before?— A. The first day we met the men 1 did not notiee what kind 
of men they were — that is, what kind of noses or faces they had. AVhat made me 
think they were the same men is becau.>^e they said they would be back the next 
day; so 1 supi)0se they were the .«ame ])arty, only there were more of them. 

<^ Did you bring your wagon back with you, or did you leave it in Wyoming? — 
A. 1 brought my wagon back; it is standing outside there (pointing through tlie 
window). My wife drove me home. 

(i Are you going to get well? — A. Yes; the wound in back is healing uji. but the 
wound in front makes discharges. 

(^ J)o you understand that it is against the laws of the State of Wyoming to hunt 
for big game, such as elk. anteloiie, deer, etc., without a license froni the ju.^tice of 
the peace? Also, it is against the law to buy or trade for rawhides of those animals. 
I want you to explain that to your frien<ls, so that when they go through Wyoming 
again tlu'y will not get into trouble over hunting game. How manv Indians did vou 
.see shooting?— .\. I didn't .see any of the Indians do any shooting." 

(i Your statement will not be u.-^i'<| against vou in anv wav, and 1 hope vou will 
get well. ■ ' ■ 



Witne.sses: 

A. M. L.\xi>M.\N. 

F. C. (liOINGS. 



134 SIOUX INDIANS OF PINE RIDGE AGENCY, S. DAK. 

Iron White Man, lieing present, stated that he wanted to say this: 

In these treaties Avith the Great Father it said that if a white man killed an Indian 
he would be punished, and if an Indian killed a white man he would be punished. 
We are goino: to have a big council, and we would like to test this law and see whether 
there is anything in it. 

'Mr. Bi'KKE. When a white man or an Indian goes into another State, he is Ixjund 
by the laws of that State. Now, in the State of Wyoming it is against the law for 
outsiders, whether white man or Indian, to come into the State and shoot game with- 
out a license. Of course, if you are shooting game without a license it is tlie duty of 
the officers to arrest you. While the officer has no right to shoot you for a little 
crime, if you resist arrest and try to shoot him, he has a right to shoot. Probal)lv 
these officers will claim that the Indians shot first and that they resisted arrest, that 
is why they shot. This Sheriff Miller, who was shot, had a warrant for the arrest of 
two Indians for having shot antelope in Wyoming without license, so he had the 
right to arrest them. Probably this whole trouble grew out of a misunderstanding, 
and not out of any willful intention to shoot or murder the Indians. 

I am here to get the Indians' story and account of this affair, so that the Govern- 
ment at Washington may know who is in the wrong, so that the Government may 
know whether it is the Indians or the white men that have done wrong; and the 
Government will see that the right thing is done, and will protect the Indians under 
the treaties and see that they get their rights as men. 

Talk wit]i Chief Blue Horse. 

Pine Ridge Agency, S. Dak., 

December 1, 1903. 
1 had a talk with Chief Blue Horse, who claiins that he was one of the signers of 
the treaty of 1868, and the way he understood the treaty was that the Indian would 
be allowed to hunt anywhere game could be found as long as the Indian existed as a 
race. " The talk was that in a hundred years the Indians would become as the 
white men, tillers of the soil, and would no longer care to hunt, and that the buffalo 
would surely remain as long as that." He did not understand that the Indian relin- 
quished in that treaty, or any other treaty, his right to hunt. 



LB My '04 



